You disagree with the company doctor's assessment and want an independent reassessment. A second opinion is your legal right. But how does it work exactly, and what can you expect?
The company doctor has made an assessment you disagree with. Perhaps the company doctor says you are fit to work while you experience it differently. Or the reintegration advice does not align with what your treating physicians say.
You want a second opinion. Not to undermine the company doctor, but because you feel the assessment is wrong. Or because the consultation was too superficial and you were not heard.
The second opinion is designed precisely for this. Another, independent company doctor reassesses your situation. It is an accessible way to have the assessment reviewed, and the costs are covered by your employer.
But there are rules. The procedure has pitfalls and it is important to know what to expect — and what to do if the company doctor refuses your request.
You submit the request to your current company doctor. Do this in writing (email). The company doctor then engages an independent colleague, usually from a different occupational health service. You cannot choose a company doctor yourself.
The second opinion doctor reassesses your situation. You have a new consultation where you can tell your story. Bring medical information from your treating physicians — the more complete the picture, the better the assessment.
The second opinion doctor sends the advice to your company doctor. Your company doctor then decides whether to adjust the original assessment. The advice is not binding, but it is difficult to ignore if it is well substantiated.
The second opinion is established in the Dutch Working Conditions Act (art. 14, paragraph 2c). Your employer cannot block it. The company doctor may only refuse with stated reasons — and in practice the threshold for refusal is high.
You pay nothing for a second opinion. The costs are borne by your employer, even if the second opinion agrees with your company doctor. This may not be used as a reason to refuse or discourage your request.
The second opinion produces an advisory opinion, not a decision. Your company doctor may set it aside. But if the second opinion supports you and your company doctor ignores it, this strengthens your position in a potential expert opinion or legal proceedings.
A second opinion is by another company doctor. An expert opinion is by a UWV insurance physician. The expert opinion carries more weight with judges and costs EUR 100. Sometimes it is advisable to pursue both.
Send an email to the company doctor (with cc to your employer) stating that you want a second opinion. Mention that you disagree with the assessment and why. Refer to art. 14 of the Working Conditions Act.
Ask your GP, specialist, or psychologist for a letter with their findings and treatment advice. This gives the second opinion doctor a more complete picture than the original consultation.
The company doctor arranges an appointment with an independent colleague. The timeline varies. Follow up if you have not heard anything after two weeks.
Write down beforehand what your complaints are, how they limit you, and what you were unable to discuss with the previous company doctor. Bring the medical information.
The advice goes to your company doctor. Ask whether you can also view the advice. Your company doctor then determines whether to adjust the assessment.
If the second opinion supports you but your company doctor ignores it, consider a UWV expert opinion. If the assessment is adjusted, reintegration continues based on the new advice.
"I asked for a second opinion but the company doctor says it is not necessary. Is that allowed?"
A refusal must be justified. The company doctor cannot simply say no. Ask in writing for the reason for the refusal. If the justification is unconvincing, you can insist through your employer or request a UWV expert opinion as an alternative.
"I had a second opinion but the outcome is the same. What now?"
That can happen and does not automatically mean you are wrong. But it makes it harder to challenge the assessment. You can still request a UWV expert opinion — an insurance physician sometimes applies different criteria. Discuss with a legal adviser whether this is worthwhile.
"I requested a second opinion three weeks ago but still do not have an appointment."
Contact the company doctor and your employer in writing. The Working Conditions Act does not prescribe an exact timeline, but unreasonable delay is not acceptable. Especially if there is ongoing pressure on your reintegration or salary. Consider requesting an expert opinion in parallel.
"My employer says the second opinion does not change anything and that I should simply start working."
A pending second opinion request is a serious signal. Your employer may not force you to accept the assessment while it is being reviewed. Make this clear in writing and seek legal assistance if the pressure continues. Read more about what to do when your employer threatens a salary stop.
A second opinion is straightforward on paper, but in practice there are pitfalls. The company doctor may delay or refuse the request. The employer may pressure you to accept the assessment. And the result is not always in your favour.
MediRights guides you through the entire process. We help you formulate the request, gather medical information, and prepare for the consultation with the second opinion doctor.
We also advise whether a second opinion is sufficient or whether a UWV expert opinion is wiser in your situation. This way, you choose the route with the best chance of success.
Get advice on the best route. Whether it is a second opinion or an expert opinion — we guide you through the process.
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