Frequently asked questions about the Second Opinion
Requesting a second opinion from an occupational physician often raises questions. Is it truly independent? Who covers the costs? And what are my rights as an employee?
On this page, we have compiled and categorized the most frequently asked questions for you. This way, you can quickly find the information you need to make an informed decision about your return-to-work process.
Is your question not listed here? Our advisors are happy to assist you. Feel free to contact us for a personalized answer tailored to your situation.
Basics & Concepts
A second opinion is the advice of a company doctor other than the employee’s own company doctor in the context of:
- absenteeism support;
- an occupational health examination (PAGO/PMO);
- consultation regarding health issues related to work.
The second opinion does not apply to a request by the employee to consult another occupational physician in connection with advice relating to a pre-employment medical examination that has been carried out.
If you have reasonable doubts about the advice given by your company doctor, you can request a second opinion. This will be provided by an independent company doctor who does not work for the same occupational health and safety service. They will give you substantiated advice, and your own company doctor will then decide whether to adjust their advice on that basis.
A second opinion is not appropriate in every situation. In some cases, an alternative instrument is available that is more suitable.
You can submit a request for:
- If you need an independent second opinion regarding a disability claim;
- If you, as an employer or employee, have doubts about the advice given by the company doctor;
- If you, as a court, need a legal expert in the field of social security and disability;
- If you need an independent medical assessment to appeal against the decision of an insurance doctor at the UWV;
- The Second Opinion Report supports you in requesting an expert opinion from the UWV;
- If you, as an employer or employee, have doubts about the problem analysis or the functional capabilities list (FML/Work Capacity Profile) of the company doctor;
To advise you, as an employer or employee, on how to best deal with complex social legislation.
A second opinion is primarily medical advice given to the primary company doctor. It concerns guidance and reintegration advice. It is advice that the primary company doctor can and may ignore. In the case of a second opinion, there is no communication with the employer. Therefore, no advice on work capacity is given.
The expert opinion arose from the need under civil law to have medical justification for whether or not to implement wage suspension. Based on this history, the expert opinion is a tool that informs both the employer and the employee. The expert opinion can be requested in four ways, only one of which is a medical assessment. In all cases, the expert opinion concerns the legal position and reintegration activities. There is always an insurance-related component. There is no right of blocking in the case of an expert opinion.
An expert opinion is intended to facilitate reintegration when it has stalled. An expert opinion may be requested in relation to:
- a dispute concerning fitness or unfitness for work;
- suitable work;
- reintegration efforts by the employer;
- reintegration efforts by the employee.
The expert opinion can be requested by the employer and the employee from the UWV. The applicant pays the costs. This remains as it was.
The second opinion does not replace the expert opinion. The second opinion may be requested following advice from the company doctor on absenteeism support, an occupational health examination (PAGO/PMO) and consultation with the company doctor on health issues related to work. The request for a second opinion can only come from the employee.
Yes, but only the employee can request a second opinion examination. The employer cannot do so.
Yes, an employee is entitled to a second opinion from another company doctor. This right is laid down in the Working Conditions Act. The employee can enforce this right by submitting a complaint to the occupational health and safety service or the occupational health and safety service’s disputes committee, or, in extreme cases, by means of a disciplinary complaint.
A second opinion can provide more clarity about the employee’s health.
The second opinion can offer a different perspective on the employee’s reintegration.
The second opinion can offer a solution if there is a conflict between the employee and the company doctor.
Costs & Reimbursements
The costs of a second opinion carried out by the second opinion occupational physician specified in the basic contract are borne by the employer. Second opinions carried out by an occupational physician other than the one specified in the basic contract are borne by the employee, unless the employer agrees to reimburse the costs.
The Second Opinion Company Doctor is completely independent and, by law, is paid by the employer. The applicant will always be the primary company doctor. The primary company doctor is the contact person for quotations and invoices.
Even if the employee exercises their right to block, the primary company doctor will receive an invoice for the services provided. It is up to the primary company doctor to claim these costs.
In most cases, a second opinion from a company doctor is not covered by insurance. Payment is made by the applicant, but ultimately the costs of the second opinion from the company doctor will be invoiced anonymously to the client’s employer.
The cost of a second opinion depends on the scope and total duration of the examination and varies from €1000 to approximately €2500 excluding VAT.
The second opinion doctor discusses the findings with the employee.
The second opinion doctor writes a recommendation to the employee.
Rights & Legal Aspects
As an employee, you have the right to block the report from the second opinion company doctor. This means that the primary company doctor will not receive a copy of the final report and will therefore not be aware of its contents.
The right to block stems from the WGBO Act.
Lawyers are increasingly using second opinions to objectively assess claimed medical limitations and potential disruptions to working relationships.
Our second opinion company doctor is legally trained and can speak the language and jargon of lawyers.
Yes, but this second opinion must be provided by a company doctor. The employer can request this using the quotation form. However, the report to the employer will not contain any medical information or privacy-sensitive data. The report will focus on the employee’s work capacity.
No medical report will be sent to the primary company doctor. The employee cannot currently exercise their right to block this work capacity assessment.
There are no legal consequences for exercising the right of refusal. Naturally, the primary company doctor will feel vindicated in their original advice.
It is always good to see that employees seek legal assistance in difficult times.
However, the client is legally defined as the primary company doctor who, at the request of the employee, requests a second opinion from a company doctor.
This is an independent medical examination that leads to medical advice being given to the primary company doctor. This advice can only be provided to the primary company doctor with the employee’s consent.
A non-medical professional is not involved in this examination for the second opinion from the occupational physician. They are not the client. (Neither are employers, insurers, or other parties.) This ensures that the examination and the advice remain objective and independent.
A second opinion does not have a suspensive effect. An employee is legally bound by the agreements made by the employer based on the advice given by the first company doctor. This remains the case until the first company doctor decides to follow the second opinion and communicates this advice to the employer. After all, the second opinion company doctor has no right to communicate with the employer.
The report can, however, be used later by the employee in any legal proceedings or when applying for WIA benefits.
Specific situations
This has resulted in a breach of trust, and I no longer see any possibility of continuing to work together. I would like to discuss the options with you before submitting the request.
The second opinion company doctor is an independent, objective professional.
You can submit a request for a second opinion to your primary company doctor. They are legally obliged to grant your request. (See this link)
After the request, we will invite you. This doctor and yourself will provide the second opinion company doctor with the relevant medical documents. The entire examination will then be restarted without prejudice. A report will then be drawn up with a recommendation. This will only be sent to the primary company doctor with your consent. The average turnaround time is two to three weeks.
Prior consultation is therefore not possible within the framework.
The application process
The second opinion must be requested from your own company doctor. The basic contract between the employer and the occupational health and safety service or company doctor specifies who can provide the second opinion.
The company doctor can easily request this via our “request form”. Once this form has been completed and sent, we will contact you as soon as possible.
No, the right to request a second opinion is laid down by law. The company doctor must submit the request on behalf of the employee, on pain of a fine.
The employee requests the second opinion from their own company doctor. The company doctor may not refuse this request unless there are compelling reasons to do so. The company doctor can advise the employee on the choice of a second opinion company doctor. The employee can also suggest a company doctor themselves.
No, you do not have to give a reason for requesting a second opinion.
You can request a second opinion examination multiple times. There is no legal limit to this. If the primary company doctor suspects abuse and/or delay in the case of a repeat request, they can refuse it, stating their reasons.
More information:
No, the company doctor may not refuse a second opinion unless there are compelling reasons for doing so. The case manager has no authority in this matter. The company doctor must assist the employee in finding a suitable second opinion company doctor.