Introduction
It may happen that you disagree with the company doctor 's advice on your return to work. When the company doctor judges that you can return to work, but you think you are not yet able, there are several steps you can take. The following are some possible actions you can take.
Step 1: Engage with the company doctor
The first thing you can do is re-engage with the company doctor. Ask about the rationale for his or her judgment. The company doctor probably has specific reasons for advising you to return to work. It is important that you clearly explain why you think this is not yet possible. This may be because your symptoms persist, for example, or your health has not recovered sufficiently.
Step 2: Ask to contact your primary care physician or specialist
If your family doctor or specialist believes that you have not fully recovered and need rest, you can ask the company doctor to contact these health care providers. The company doctor can then obtain additional medical information and factor this into his or her judgment.
Step 3: Get a second opinion
If the conversation with the company doctor does not lead to a solution, you have the right to request a second opinion from another company doctor. This doctor will reassess the situation and advise you. A second opinion can sometimes help you get more clarity about your return to work and any recovery limitations. The costs for a second opinion are usually borne by the employer. Please note that the advice of the second opinion is not binding, but the first company doctor must indicate how he or she will deal with it.
Step 4: Expert opinion at the UWV
If both the original company doctor and the second opinion doctor are of the opinion that you can work again, but you still do not agree, you can request an expert opinion from the UWV. This opinion is not binding, but is often heavily considered in legal proceedings. The cost of applying for an expert opinion is €100 for employees and €400 for employers. The UWV aims to issue an opinion within a few weeks.
Step 5: Follow the advice of the company doctor
Until you receive a second opinion or expert opinion, you must continue to abide by the company doctor's advice. This is important to avoid legal complications with your employer. Continue to consult with your employer and indicate when you think you are unable to resume work.
Conclusion
If you disagree with the company doctor, there are several steps you can take to have your situation reassessed. From a good conversation with the company doctor to applying for an expert opinion with the UWV - you have several options to get your rights.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about sick pay. Please feel free to contact us .
April 2025
