Many employees have legal expenses insurance. What not everyone knows: in certain cases you may choose your own lawyer, while the costs are (usually largely) reimbursed by the insurer. This is called free choice of lawyer.
Entrepreneurs or SME companies with business legal expenses insurance also have this right. In practice, this occurs less frequently because larger employers usually do not have a policy.
What Does Free Choice of Lawyer Entail?
Normally, an insurer engages its own lawyers. However, in proceedings you may deviate from this and engage a specialized lawyer. The insurer must then reimburse the reasonable costs.
When Can You Make Use of this?
Free choice of lawyer applies as soon as there is a judicial or administrative procedure, for example:
- dismissal proceedings at the district court
- wage claim or discussion about a non-compete clause
- dismissal application at the UWV, for example in case of economic dismissal or long-term incapacity for work
- appeal
Even if the insurer already has its own lawyer working on the case, you can still choose an external lawyer.
What does the insurance cover?
The exact coverage differs per policy, but often applies:
- reimbursement of lawyer costs up to a maximum
- sometimes a deductible or own contribution
Second Opinion via Legal Expenses Insurance
Many insurers offer the possibility of a second opinion. You can then request a second, independent advice from a specialized lawyer. This is reimbursed by the insurer and is useful if you have doubts about the advice of their lawyers.
Frequently asked questions
Does free choice of lawyer also apply to employers?
Yes, but only if business legal expenses insurance has been taken out. In practice, this occurs less frequently.
What if my insurer refuses?
According to European case law, you have the right to free choice of lawyer. If the insurer does not recognize this, we can address them on this matter.
Can an intake interview also be conducted online?
Yes. This can be done at our office or via video call, depending on what you prefer.
Conclusion
With legal expenses insurance, you often have more options than you think. Thanks to free choice of lawyer, you can engage a specialized employment lawyer, ensuring your interests are optimally protected.
Would you like to know if your insurer reimburses the costs of an employment lawyer? Contact us for an initial consultation.
