An independent opinion from the UWV can make the difference in an employment conflict during illness. MediRights guides the application and ensures strong substantiation.
An expert opinion is an independent opinion from the UWV about a dispute between employee and employer during illness. The UWV involves an insurance physician or employment expert who objectively assesses the situation.
Both employees and employers can request an expert opinion when there is disagreement about incapacity for work, reintegration efforts, or the suitability of offered work. The opinion provides an independent second opinion alongside the company doctor's advice.
Although an expert opinion is formally not binding, it is heavily weighted by courts and the UWV itself. In the WIA assessment at the end of the waiting period, the UWV explicitly looks at any expert opinions issued during the sickness absence.
For a wage claim, having an expert opinion is often a requirement. The court can make exceptions in certain cases, but as a rule a wage claim without an expert opinion is not accepted.
Note: a separate expert opinion must be requested for each question.
You disagree with the company doctor's opinion about your capacity or incapacity for work. The company doctor thinks you can (partly) work, but you experience it differently. An expert opinion then provides an independent assessment.
Reintegration is not going well and there is discussion about who is responsible for that. An expert opinion can establish whether the employer or employee is falling short in reintegration obligations.
Your employer offers work that according to you does not match your limitations, or your employer thinks you are wrongly refusing offered work. The UWV can objectively assess whether the work is suitable.
You are considering a wage claim or other legal procedure against your employer. In many cases, an expert opinion is then mandatory. Without an opinion, your claim may be declared inadmissible.
Your employer has stopped your salary because according to them you are not cooperating with reintegration. An expert opinion can demonstrate that the salary stop is unjust and forms the basis for a wage claim.
If reintegration stagnates, the employer runs the risk of a wage sanction from the UWV during the WIA application. An expert opinion can provide clarity in advance about what needs to be improved.
For employees, the costs are 100 euros per application. Employers pay 400 euros per expert opinion. Since a separate opinion must be requested for each question, costs can add up if multiple opinions are needed.
In limited exceptional situations, an expert opinion is free of charge. This may apply to specific dismissal applications, such as for insufficient cooperation with reintegration. Inquire in advance whether this applies to your situation.
The statutory target time is two weeks, but this is structurally exceeded in practice. The average processing time is 4 to 6 weeks, but due to workload at the UWV this can take longer.
In practice, the UWV often first calls the applicant to see if there is another way to help. This is not a formal step, but common practice.
A second opinion you request from a different company doctor than the one who is guiding you. This is intended to get a different medical opinion about your capacity or the guidance.
The costs are at the employer's expense. The opinion is advice to the own company doctor, who may or may not do something with it.
An expert opinion you request from the UWV. The UWV assesses not only medical aspects, but also reintegration efforts and suitability of work.
The opinion carries more weight in legal procedures and the WIA assessment. In many situations it is mandatory for legal proceedings.
In some situations, it is strategic to first request a second opinion and then an expert opinion. MediRights advises which route is most effective in your situation.
We assess whether an expert opinion is useful in your situation and which type of opinion you should request. Sometimes another route is more effective to achieve your goal.
We analyze your file and ensure all relevant documents are available for the UWV assessment. A complete file increases the chance of a favorable opinion.
We help formulate your application. A well-substantiated application makes clear what the core of the dispute is and what you are asking from the UWV.
If the UWV invites you for an interview with the insurance physician or employment expert, we prepare you for this. You know what to expect and how to explain your situation.
After receiving the expert opinion, we analyze the outcome and discuss what this means for your situation and what follow-up steps are possible.
Depending on the outcome, we determine the follow-up together: negotiation with employer, involving a lawyer, or other steps to strengthen your position.
The UWV does not process all applications for an expert opinion. Due to heavy workload, the UWV first calls to see if an expert opinion is the right solution for your situation.
An application is often not processed if you receive a Sickness Benefits Act payment and the UWV is already responsible for your reintegration, although there are exceptions. Also in the last six months before the end of the waiting period (104 weeks), the UWV is reluctant, although this is not a strict statutory rejection ground.
MediRights can estimate in advance whether an application has a chance of success and advises about alternatives if an expert opinion is not possible.
Let MediRights assess whether an expert opinion is useful in your situation and which strategy is most effective.
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