Disagree with the company doctor's assessment? There are ways to challenge this. MediRights guides you through the process.
The company doctor plays a central role in the reintegration process. Their assessment is guiding for how your reintegration proceeds: when you start returning to work, how many hours you work, what work activities you can perform. The consequences of that assessment are significant, both for your health and your position.
The company doctor is paid by your employer. Although they must provide an independent assessment according to the law, some employees don't feel this is the case, especially when the assessment doesn't align with how you feel or what your own treating physician says.
The company doctor's assessment is neither infallible nor unassailable. Since 2017, you have the statutory right as an employee to request a second opinion from another company doctor. Additionally, you can request an expert opinion from the UWV. Both instruments can make the difference.
MediRights helps employees who disagree with their company doctor. We assess the situation, advise on the best approach and guide you in challenging incorrect assessments.
There are two instruments to have the company doctor's assessment reviewed. They have different characteristics and are used in different situations.
Since July 1, 2017, you have the statutory right as an employee to request a second opinion. This right is established in the Working Conditions Act. The request goes through the company doctor, who may only decline if there is no reasonable ground for it.
The second opinion is conducted by another, independent company doctor. The law requires this doctor to be independent from your first company doctor. In practice, this usually means a company doctor from a different occupational health service.
You request the second opinion from your first company doctor. They then engage the independent company doctor. You have a consultation with the second doctor, who forms their own opinion and reports to the first company doctor.
The advice from the second company doctor is not binding. The first company doctor remains responsible and includes the advice in their further guidance. A differing second opinion often has influence on the further guidance in practice.
The UWV can assess whether you are or are not able to do your own work. This is relevant when the company doctor considers you fit for your own position while you are not, or vice versa.
The UWV can give an opinion on whether the work you must or want to do is suitable given your limitations. Useful in discussions about the content of reintegration activities.
The UWV can assess whether you as an employee are doing enough for your reintegration. This is important if your employer threatens salary sanctions for insufficient cooperation.
The UWV can assess whether your employer is doing enough for reintegration. Useful if you believe your employer is falling short and you want this documented.
The choice between second opinion and expert opinion depends on your situation and what you want to achieve.
If the dispute is purely medical in nature, a second opinion may be sufficient. A second company doctor reassesses your complaints and gives their own advice on your capacity.
If there is a real conflict with your employer, for example threatening salary suspension or dismissal pressure, an expert opinion is often more strategic. Courts attach great value to this opinion.
For a salary claim through the subdistrict court, an expert opinion is often requested in practice. The court values an independent opinion before deciding on salary payment.
An expert opinion requested too early can harm your position if the outcome is negative. MediRights advises on the right moment for a request.
For serious errors or negligent conduct, you can file a complaint. There are various routes.
MediRights advises on the usefulness of a complaint in your specific situation. Sometimes a complaint is an effective tool, sometimes other routes are better.
We analyze the company doctor's assessment. Is it consistent? Is it substantiated? Does it align with the medical information? We identify weaknesses and opportunities for challenge.
We advise on the best approach: second opinion, expert opinion, or another route. We weigh the pros and cons and advise what is most effective in your situation.
We help collect and present medical information that supports your position. Information from your general practitioner, specialist or psychologist can be crucial.
We guide the second opinion request. We advise on the formulation and ensure relevant information is available for the second company doctor.
We guide the application for an expert opinion at the UWV. We ensure proper formulation and adequate substantiation of your request.
After the second opinion or expert opinion, we determine the next steps together. How do we use the result towards your employer? What actions are needed now?
Bring relevant medical information to the consultation. Letters from your general practitioner, specialist or psychologist can support your story. The company doctor can include this information in their assessment.
Be specific about your complaints and limitations. What can you no longer do? What activities cause problems? How does it affect your daily life? Concrete examples help with an adequate assessment.
You are entitled to the company doctor's report. Always request it and check whether your story is correctly recorded. You can have inaccuracies corrected.
You may bring someone to the consultation with the company doctor. A partner, family member or support person can support you and listen along. This can help evaluate the consultation afterwards.
Have your situation assessed and discover what steps you can take. MediRights helps you challenge incorrect assessments.
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