The company doctor rules that you can work, but you feel differently. Or you feel that you are not being listened to sufficiently. This can cause a lot of frustration and requires action.
You have had a conversation with the company doctor. The verdict: you can (partly) work. But you do not feel at all able to work. The complaints are still there. You do not know how to get through the workday.
Or perhaps you feel that the company doctor is not really listening to you. That the conversation was superficial. That there was too little attention for your side of the story. It feels like the company doctor is more on the employer's side.
The company doctor's judgment is important. Your employer bases reintegration on it. But the judgment is not sacred. You have options to get a different opinion.
However, it is important to choose the right route. A second opinion is different from an expert opinion, and both have different consequences.
If you disagree with the company doctor, you have three formal options. Each option has different characteristics and consequences.
Another independent company doctor assesses your situation. This is your legal right. The costs are for your employer. The advice is not binding but can carry weight.
An insurance physician from the UWV gives an independent opinion. This costs you 100 euros. The opinion carries significant weight in legal proceedings, although it is formally not binding.
If you feel the company doctor has acted carelessly, you can file a complaint with the occupational health service or the medical disciplinary board. This is about the method of working, not about the substantive judgment.
These are two different procedures with different purposes and consequences. The choice depends on your situation.
Note: a second opinion is not a replacement for an expert opinion. They have different functions and sometimes both may be needed.
You request the second opinion from your current company doctor. They involve an independent colleague. The law requires independence, which in practice often means another occupational health service.
The company doctor may only refuse for compelling reasons, and must justify this in writing. The specific circumstances are decisive. "An expert opinion is better" is not a valid reason.
The costs of the second opinion are for your employer. This may not be a reason to reject your request.
Ask your treating physician (GP, specialist, psychologist) for a letter with findings. This gives the second opinion doctor a more complete picture.
The UWV gives expert opinions on four subjects. It is important to request the right type.
Are you able or unable to do your own work? This is the most common expert opinion in case of disagreement with the company doctor.
Are you sufficiently cooperating with your reintegration? This can be relevant if your employer thinks you are not cooperating.
Is the offered work suitable given your limitations? Useful if you doubt whether the work you are getting is appropriate.
Is your employer doing enough for reintegration? Relevant if your employer is making insufficient effort.
"I am not sure if the company doctor is right. I want a second opinion before taking steps."
Start with a second opinion. This gives you a second view without immediately starting a formal procedure. If the second opinion agrees with you, it strengthens your position.
"My employer uses the company doctor's judgment to put pressure on me. A salary stop is threatened."
Consider an expert opinion. This carries more weight than a second opinion and can strengthen your position when a salary stop is threatened. The effect depends on the outcome and timing.
"The company doctor barely spoke to me and drew conclusions immediately. I do not feel heard."
Consider a complaint. If the method of working was careless, you can report this to the complaints committee of the occupational health service. Note: a complaint during an ongoing process can be strategically disadvantageous.
"My GP and psychologist think I absolutely cannot work, but the company doctor judges otherwise."
Bring this information to the second opinion. Ask your treating physicians for written statements. Note: your treating physician does not assess work capacity, but the information is still relevant for the assessment.
A complaint is about the company doctor's method of working, not about the substantive judgment. Think of: insufficient examination, not listening, privacy violation, or unprofessional behavior.
Every occupational health service is legally required to have a complaints procedure. The complaint is handled by a complaints committee. The company doctor can be held accountable.
For serious complaints about professional conduct, you can file a disciplinary complaint. This is a more serious procedure that can lead to measures against the doctor.
Write down in advance what your complaints are, how they limit you, and what your treating physicians say. This helps you not to forget anything and to communicate in a structured way.
Ask your GP, specialist, or psychologist for a letter with findings. This can accompany the second opinion or expert opinion.
Request the second opinion in writing from the company doctor. This gives you evidence of your request and any refusal.
Keep all communication with the company doctor, occupational health service, and employer. This is crucial if the situation escalates.
The longer you wait, the more difficult it becomes. Your employer bases reintegration on the company doctor's judgment. Action is important.
For a serious disagreement, legal guidance can help. This ensures you take the right steps in the right order.
A disagreement with the company doctor can have far-reaching consequences. Your employer bases reintegration on the judgment. If that judgment is wrong, you get stuck.
MediRights assesses your situation and advises which route is best: a second opinion, an expert opinion, or both. We help you gather the right information and go through the procedure properly.
Where necessary, we support in formulating your request, gathering medical information, and preparing for conversations. So you have the best chance of a different opinion.
The goal: a judgment that does justice to your situation. So your reintegration matches your abilities and you have room to recover.
Have your situation assessed. Together we determine the best route to a different opinion.
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