Company doctor sides with your employer

You feel that the company doctor is not independent. The advice seems to align perfectly with what your employer wants, not with what you experience. That undermines your trust — and possibly your position.

Do you recognise this?

The company doctor assesses that you can work, or that your hours should increase faster. Remarkably, that is exactly what your employer thinks too. Or the company doctor uses the same words as your manager. It feels as though they consulted beforehand.

Perhaps there was contact between your employer and the company doctor just before your consultation. Or you notice that the company doctor knows more about your employer's wishes than about your medical situation. The assessment does not align with what your own treating physicians say.

The company doctor should be independent. This is established by law. But in practice, the company doctor is hired and paid through the employer. This dependency can — consciously or unconsciously — influence the assessment.

If you have lost trust in the independence, it affects the entire process. This is a serious disagreement that requires action.

Signs you recognise

  • -> The assessment aligns precisely with the employer's wishes
  • -> The company doctor appears pre-informed by the employer
  • -> Your medical information is being ignored
  • -> The advice changed after contact with the employer
  • -> The tone of the consultation is confrontational
  • -> You no longer trust the process

Why this happens

1

Financial dependency

The occupational health service is paid by the employer. The company doctor should be independent, but the commercial relationship can create pressure to advise in the employer's favour. This is a structural issue in the system, not an isolated case.

2

One-sided information

The employer sometimes sends an extensive email to the company doctor beforehand with "context" — in practice a one-sided account. The company doctor then forms an impression before you have spoken. Your side of the story does not always come through fully.

3

Unconscious bias

Not every company doctor who assesses in the employer's favour does so deliberately. The employer's information often arrives first. Combined with time pressure and a full schedule, the assessment can unintentionally become one-sided.

What you need to know

Independence is legally required

The company doctor must advise independently (art. 14 Dutch Working Conditions Act). It is explicitly not intended for the employer to steer the assessment. If you have indications that independence is compromised, this is a serious matter.

Employer-doctor contact is not prohibited

The employer may inform the company doctor about the work situation and reintegration possibilities. But the company doctor must critically weigh this information and give equal weight to your side of the story. The problem arises when the employer steers the assessment in a particular direction.

You can request a second opinion or expert opinion

If you doubt the independence, a second opinion from another company doctor is the first step. In a serious conflict, a UWV expert opinion carries more weight, as the insurance physician is not paid by your employer.

Filing a complaint is also possible

If you have concrete indications that the company doctor was not independent, you can file a complaint with the occupational health service or the medical disciplinary board. This is a more serious step that requires substantiation, but it is a right you have.

What can you do?

1

Document the indications

Note specifically why you believe the company doctor is not independent. Think of: timing of the assessment, similarities with employer statements, or changes after contact between employer and company doctor.

2

Object in writing

Send your employer and the company doctor an email stating that you question the independence of the assessment. Ask the company doctor to substantiate the medical grounds on which the assessment is based.

3

Request a second opinion

An independent company doctor at another occupational health service reassesses your situation. This is the most direct way to have the assessment reviewed. The costs are covered by your employer.

4

Request a UWV expert opinion

A UWV insurance physician is fully independent of your employer. The expert opinion costs EUR 100 but carries significant weight if the conflict escalates.

5

Consider filing a complaint

With the occupational health service or the disciplinary board, you can file a complaint about the independence. This is a step you should carefully consider — but the signal is clear and can have consequences for the company doctor.

6

Seek legal assistance

A legal adviser can help substantiate your objection, choose the right procedure, and let your employer know you are not letting this go. That often changes the dynamic.

Difference of opinion vs. partiality

May simply be a different assessment

  • The company doctor substantiates the assessment medically
  • The advice is nuanced with a gradual return-to-work plan
  • The company doctor asked about your treating physicians
  • The assessment differs from what the employer wanted
  • You disagree, but the assessment is traceable

Indications of partiality

  • The assessment follows exactly what the employer wants
  • The advice changed after contact with the employer
  • Your medical information was not taken into account
  • The company doctor echoes the employer's words
  • No medical substantiation was provided
  • The tone is confrontational or accusatory

Common situations

"After my employer's email, the advice changed"

"The company doctor initially said I should build up slowly. My employer sent an angry email. At the next consultation, I was suddenly available for many more hours."

A sudden change after employer contact is a serious signal. Document the timeline and ask the company doctor in writing for the medical reason for the change. Consider requesting an expert opinion immediately, as the independence is compromised.

"The company doctor already knew what the employer wanted"

"Before I could say anything, the company doctor started talking about 'the employer's concerns about my reintegration.' It felt like the conversation was about what my employer thinks, not how I feel."

The employer may provide context, but the consultation should be about your health. If the consultation focuses more on the employer's wishes than on your limitations, that is problematic. Document what was discussed and request a second opinion.

"My treating physician says the opposite"

"My specialist says I absolutely cannot work. The company doctor says I can. But the company doctor has not even consulted my specialist."

An assessment without medical information from your treating physicians is less reliable. Ask your specialist for a letter and take it to a second opinion or expert opinion. It is not normal that the company doctor does not ask about this.

"I dare not challenge the company doctor"

"I notice the company doctor is not neutral, but I dare not say anything. I am afraid it will be used against me."

You do not need to confront the company doctor directly. You can request a second opinion or expert opinion without raising it with the company doctor. It is your right and it cannot be used against you. A legal adviser can help you do this in the right way.

What MediRights can do for you

The suspicion that the company doctor is not independent undermines trust in the entire process. It makes it difficult to cooperate with reintegration, because you are not sure whether the advice serves your interests.

MediRights investigates whether there are concrete indications that independence is compromised. We analyse the assessment, the communication between employer and company doctor, and the medical substantiation.

Based on this, we determine the best strategy: a second opinion, an expert opinion, a complaint, or a combination. Our goal is to ensure you receive an assessment you can trust.

Our approach

  • V Analysis of the assessment and procedure
  • V Evaluation of independence
  • V Advice on second opinion or expert opinion
  • V Drafting a written objection
  • V Guidance through complaints procedure
  • V Strategy for the further process

Do you doubt the independence of the company doctor?

Have your situation assessed. You have the right to an independent opinion based on your medical situation, not on your employer's wishes.

Start legal intake