Sometimes you want a second opinion. The company doctor may have given advice that you do not agree with. Or you have doubts about the guidance you receive from your first company doctor. In this article I will tell you exactly how to apply for a second opinion.
Key points in this article:
• Every employee has the right to a second opinion.
• The costs are generally borne by your employer.
• You can also request an expert opinion from the UWV.
• The second opinion is not binding, but carries more weight than the advice of the GP.
Am I entitled to a second opinion from a company doctor?
Yes, you are entitled to that. From July 1, 2017, all employees are entitled to a second opinion from another company doctor who is not contracted with the occupational health and safety service or the employer. Only you can ask for a second opinion, not your employer.
You can also – at the same time or after your second opinion – ask the UWV for an expert opinion . This helps with questions such as:
• Are you suitable to do your job?
• If not, are there other suitable activities?
• Does your employer meet his reintegration obligations?
Your employer can also contact the UWV for an expert opinion. You are both responsible for your reintegration. If there is disagreement about this, the UWV will help with the expert opinion.
Tip: The judgment is not binding and you cannot appeal against the expert opinion. However, you and your employer can go to court if an agreement has still not been found. The judge may take the UWV’s expert opinion into consideration when making its ruling. Guidance from an employment lawyer will help you build a stronger position.
No reason to suspend reintegration
Please note that requesting a second opinion or expert opinion does not lead to a postponement of the reintegration or the advice of the first company doctor. So make clear agreements with your employer about when you will return to work while you wait for the advice of the second company doctor or the UWV.
Reasons for a second opinion from a company doctor
Suppose you have become ill due to excessive work pressure. You have suffered a burnout and now the first company doctor has determined that you can return to work – partially. Your own GP and treating psychologist will give you different advice. They advise you to wait at least another three months. You’ll agree with that; your energy level is still not what it was. I can imagine that you do not completely trust the advice of the first company doctor in this case. To have more certainty, it is logical that you would want to request a second opinion from another company doctor.
In addition to the example above, there are other reasons to request a second opinion:
• The company doctor thinks that your health problems are not work-related.
• The company doctor believes that you do not require any (further) treatment.
• You do not agree with the course of the treatment.
• The company doctor assesses that you are not incapacitated for work. You and your doctor think differently about this.
• Your doctor asks for a second opinion.
• You do not feel comfortable with the first company doctor.
• You would like to return to work, but the first company doctor does not approve this.
However, a request for a second opinion must always be made in consultation with the first company doctor.
How do you request a second opinion?
You ask the first company doctor for a second opinion. He must agree to this, unless he has compelling reasons not to do so. In that case, he must submit these arguments to you in writing.
Need help?
Are you ill and have you received a settlement agreement? Or do you and your employer want to part ways but don’t know how to approach this? Brons Legal Dismissal Law specializes in dismissal and can advise you on the best approach during illness. Feel free to call us to brainstorm about your situation.
Frequently Asked Questions
When can I ask for a second opinion from the company doctor (bedrijfsarts)?
You can request a second opinion when you have reasonable doubts about the advice or assessment given by your company doctor for example about your fitness for work, reintegration plan, or the results of an occupational health examination.
Who can request the second opinion me or my employer?
Only the employee has the legal right to request a second opinion from a different company doctor. The employer cannot initiate it on their own.
What happens after I request the second opinion what’s the procedure?
- You submit a request (typically via your company doctor).
- An independent company doctor (not from your employer’s health service) performs the assessment.
- The costs are borne by the employer; the invoice must remain anonymous for privacy reasons.
- The second opinion doctor gives advice to your own company doctor; it is not directly binding, but your company doctor must consider it.
Is the second opinion legally binding does it override the original doctor’s advice?
No the second opinion is advisory only. Your original company doctor will decide whether to adopt it fully, partially or not at all.
What if I still disagree with the outcome after the second opinion?
If after the second opinion there is still disagreement (for example about your capacity for work or reintegration efforts), you or your employer may apply for an expert opinion via UWV (Employee Insurance Agency) which has a more formal legal weight.
What costs are involved, and what about privacy of the report?
The cost of the second opinion must be covered by the employer. The invoice for the second opinion must be anonymous to protect your privacy the employer should not see personal details of who performed the second opinion.
