Occupational Expert Opinion in Den Haag
The occupational expert opinion is a professional assessment by a specialized occupational expert, typically commissioned by the UWV, focusing on the capacity and work possibilities of an employee with health issues. For residents of Den Haag, this opinion plays a key role in determining work incapacity and benefits such as the WIA. It supports employers, employees, and the UWV in the region to decide whether someone can continue working and to what extent, taking into account local labor market characteristics like jobs in the port or government sector.
Legal Basis
The occupational expert opinion is firmly rooted in Dutch labor law, particularly in the Work and Income according to Capacity Act (WIA). Article 39 of the WIA requires the UWV to assess work incapacity based on medical and occupational data. The Disability Insurance Act (WAO) and the Sickness Benefits Act (ZW) also refer to this process. In Den Haag, the UWV has coordinated social insurance since 2004, and the Decree on the Process of Work Incapacity (BPA) regulates matters such as access and objection procedures. For local advice on these rules, you can contact the Legal Aid Office in Den Haag.
The occupational expert uses the Functional Abilities List (FML) from the insurance physician to map out medical limitations. The opinion must be objective and professional, in line with the standards of the Netherlands Association for Occupational and Organizational Medicine (NVAB), and takes into account the Den Haag labor market.
Definition and Explanation of the Concept
An occupational expert is a specialist who bridges the gap between medical limitations and available jobs in the labor market. The expert opinion is a detailed report that analyzes which tasks an employee in Den Haag can still perform, considering their health. It includes an estimate of earning capacity: what percentage of the original salary can still be earned?
The process often starts with a sickness report by the employer. The insurance physician defines the medical limits, after which the occupational expert aligns these with local job openings, such as in the service sector or at the Municipality of Den Haag. This is purely a labor market analysis, not medical advice. The opinion is binding for the UWV, but in Den Haag, you can challenge it through objection or appeal at the District Court of Den Haag.
The Expert Opinion in Practice
In Den Haag practice, the occupational expert opinion is common in cases of long-term absence, for example after two years of continued salary payment. Suppose a 45-year-old port worker from Den Haag can no longer lift heavy loads due to a back injury. The insurance physician notes restrictions such as no lifting over 10 kg. The occupational expert then explores alternatives, like an administrative role at a local company. The opinion might conclude at 60% earning capacity, resulting in a WIA benefit of 40%.
Another case: a teacher at a school in Den Haag with burnout. The occupational expert evaluates whether part-time teaching is feasible or if roles like education assistant better fit within the local education market. The report lists suitable jobs, based on the UWV's Claim Assessment and Assurance System (CBBS), which categorizes functions by level and requirements.
The process in Den Haag typically unfolds as follows:
- The employee submits a Sickness Benefits or WIA application to the UWV.
- Intake with the insurance physician for medical examination.
- Occupational expert assessment (often without personal contact).
- UWV decision, including the opinion as an attachment.
Rights and Obligations
Employees in Den Haag have the right to a public occupational expert opinion. Under Article 7:629 of the Dutch Civil Code, the employer must contribute to re-integration by sharing information with the occupational expert. You are entitled to view the file and request a second opinion through your employer or the UWV; the Legal Aid Office in Den Haag provides free support here.
Employees must cooperate with investigations and re-integration efforts, or risk sanctions such as benefit suspension (Article 69 ZW). Employers must provide payslips and job profiles. The UWV ensures a well-reasoned opinion. For objections: within six weeks of the decision, which may lead to a review with a hearing. An appeal follows at the District Court of Den Haag.
Comparison with Other Assessments
The occupational expert opinion differs from the advice of the occupational physician, who focuses on prevention and absence management. Here's an overview:
| Aspect | Occupational Physician | Occupational Expert (UWV) |
|---|---|---|
| Focus | Medical diagnosis and re-integration tips | Labor market potential and earning capacity |
| Client | Employer | UWV |
| Binding Nature | Advice, not mandatory | Binding for UWV decision |
| Contact with Employee | Usually in person | Often remote |
Read more about the occupational physician in our article Occupational Physician and Occupational Expert, with examples from Den Haag.
Frequently Asked Questions
Can I challenge the occupational expert opinion?
Yes, file an objection with the UWV within six weeks. Explain why it's flawed, for example with new medical evidence. The UWV will then review it. In Den Haag, the Legal Aid Office can assist with the procedure.
How long does it take to receive an occupational expert opinion?
Normally within 8 to 14 weeks after the application, depending on the case. In busy periods in Den Haag, it might take a bit longer; check the status with the UWV or the local Legal Aid Office.