Occupational Expert's Opinion in Amsterdam
The occupational expert's opinion is a professional assessment by a specialized occupational expert, typically commissioned by the UWV, that evaluates an employee's capacity and job prospects when dealing with health issues. For residents of Amsterdam, this plays a key role in determining work disability and benefits like the WIA, especially in a dynamic city like Amsterdam with its diverse jobs in sectors such as trade and services. It helps employers, employees, and the UWV decide whether and how someone can continue working.
Legal Basis
The occupational expert's opinion is firmly rooted in Dutch employment law, particularly the Work and Income according to Capacity Act (WIA). Article 39 of the WIA requires the UWV to assess work disability based on medical and occupational data. This is also built upon by the Disability Insurance Act (WAO) and the Sickness Benefits Act (ZW). The UWV has coordinated social insurance nationwide since 2004, but for Amsterdam residents, the local UWV office is a key point of contact. The Decree on the Procedure for Work Disability (BPA) governs processes such as access to files and objections, including options for hearings at the Amsterdam District Court.
The occupational expert uses the Functional Abilities List (FAL) from the insurance physician to translate medical limitations into work capacity. This opinion must be neutral and expert, in line with standards from the Netherlands Society of Occupational Medicine (NVAB). In Amsterdam, you can seek free advice from the Legal Aid Office about how this opinion affects your rights.
Definition and Explanation of the Term
An occupational expert is a specialist who links medical limitations to the Amsterdam job market, which offers plenty of opportunities in creative and logistics professions. The expert's opinion is a detailed report that analyzes which jobs the employee can still handle, taking health into account. It estimates earning capacity: what percentage of the previous salary is still achievable?
The process often begins with a sickness report by the employer, after which the insurance physician defines medical boundaries, and the occupational expert aligns these with local job openings, such as in the port or retail. This is purely a labor market analysis, not medical advice. The opinion is binding for the UWV, but Amsterdam residents can challenge it through objection or appeal at the Amsterdam District Court.
The Expert's Opinion in Practice
In Amsterdam's practice, the occupational expert's opinion frequently arises in cases of long-term absence, after the two-year period of continued pay. For example, consider a 45-year-old logistics worker in the Amsterdam port who develops back problems and can no longer lift heavy items. The insurance physician notes restrictions like no heavy work; the occupational expert then looks for alternatives such as order processing. The report might conclude with 60% earning capacity, resulting in a 40% WIA benefit, tailored to the local economy.
Another case: an Amsterdam teacher with burnout. The expert examines whether part-time teaching fits or if roles like educational support are better suited, using the UWV's Claim Assessment and Safeguarding System (CBBS) for job levels. For Amsterdam employers, such as the City of Amsterdam, reintegration is essential.
The process 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 with the opinion attached; in Amsterdam, you can respond via the local UWV.
Rights and Obligations
Amsterdam residents have the right to a clear occupational expert's opinion. Under Article 7:629 of the Dutch Civil Code, the employer must contribute to reintegration by sharing information with the expert. You are entitled to view the file and request a second opinion through your employer or the UWV; the Legal Aid Office in Amsterdam provides free assistance.
Employees must cooperate with investigations and reintegration efforts; refusal can lead to the suspension of benefits (Article 69 ZW). Employers must provide salary and job data. The UWV is required to issue a well-reasoned opinion. For objections: submit within six weeks to the UWV, possibly leading to a reassessment. Appeals go to the Amsterdam District Court, where labor specialists handle such cases.
Comparison with Other Assessments
The occupational expert's opinion differs from the advice of the occupational health physician, who focuses on absence prevention in Amsterdam companies. Here's an overview:
| Aspect | Occupational Health Physician | Occupational Expert (UWV) |
|---|---|---|
| Focus | Medical diagnosis and reintegration tips | Job market capacity and income potential |
| Client | Employer | UWV |
| Binding Nature | Advisory, not mandatory | Binding for UWV decisions |
| Contact with Employee | Usually in person | Often remote |
Read more about the occupational health physician in our article Occupational Health Physician and Occupational Expert in Amsterdam.
Frequently Asked Questions
Can I challenge the occupational expert's opinion?
Yes, file an objection with the UWV within six weeks. Explain why it's flawed, with new evidence. The UWV will review it; in Amsterdam, the Legal Aid Office offers support.
How long does it take to receive an occupational expert's opinion?
Normally 8 to 14 weeks after application, depending on the case. Expedited options can speed this up for urgent situations in Amsterdam.