Occupational Expert Assessment in Rotterdam
The occupational expert assessment is a professional evaluation by a specialized expert, typically commissioned by the UWV, that assesses the capacity and job opportunities for Rotterdam residents with health issues. This assessment is essential for determining work disability and benefits like the WIA, and it supports employers, employees, and the UWV in Rotterdam by evaluating whether someone can still work and how. For residents of this port city, it's particularly relevant due to the physically demanding jobs in logistics and industry.
Legal Basis
The occupational expert assessment is firmly rooted in Dutch labor law, particularly in the Work and Income according to Labour Capacity Act (WIA). Article 39 of the WIA requires the UWV to evaluate work disability using medical and occupational data. This is also built upon by the Disability Insurance Act (WAO) and the Sickness Benefits Act (ZW). In Rotterdam, the UWV has coordinated social insurance since 2004, with the Decision on the Process of Disability (BPA) regulating procedures, including access and appeal rights. For local advice, Rotterdam residents can turn to the Legal Aid Office in Rotterdam.
The occupational expert uses the Functional Abilities List (FML) from the insurance physician to translate medical limitations into work capacity. This must be done objectively, in line with standards from the Netherlands Society for Occupational and Organizational Medicine (NVAB), and tailored to the diverse Rotterdam job market.
Definition and Explanation of the Concept
An occupational expert acts as a bridge between health limitations and available jobs in Rotterdam. The expert assessment is a detailed report that analyzes which tasks an employee with health issues can still perform, taking into account the local economy. It estimates earning capacity: what percentage of the previous salary is still achievable?
The process often begins with a sickness report to the employer. The insurance physician defines medical limits, after which the occupational expert links these to Rotterdam job openings, such as in the port or administration. This is purely a labor market analysis, not a medical diagnosis. The assessment is binding for the UWV, but Rotterdam residents can challenge it through objection or appeal at the Rotterdam District Court.
The Expert Assessment in Practice
In Rotterdam's practice, the occupational expert assessment is common in cases of chronic conditions, typically after two years of continued salary payment. For example, consider a 45-year-old port worker in the Maasvlakte who can no longer handle heavy loads due to a back injury. The insurance physician notes restrictions like 'no lifting over 10 kg'. The occupational expert then explores alternatives, such as supervisory roles or light logistics, and might conclude that 65% of the former salary is possible, resulting in a WIA benefit of 35%.
Another case: a Rotterdam teacher with burnout. The expert evaluates whether part-time teaching fits, or perhaps support roles at a school on the city's outskirts. The report lists suitable jobs based on the UWV's Claim Assessment and Assurance System (CBBS), aligned with local job requirements.
The process in Rotterdam 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 assessment as an attachment; for questions, contact the Legal Aid Office in Rotterdam.
Rights and Obligations
Rotterdam residents have the right to a clear occupational expert assessment. Under Article 7:629 of the Dutch Civil Code, employers must assist in re-integration by sharing information with the expert. Employees can access files and request a second opinion through their employer or the UWV. The Municipality of Rotterdam offers additional re-integration support via work placement services.
Employees must cooperate with examinations and recovery plans; refusal can lead to benefits being suspended (Article 69 ZW). Employers must provide salary and job details. The UWV is required to deliver a well-reasoned assessment. For objections: file within six weeks of the decision, with re-evaluation and possibly a hearing. Appeals go to the Rotterdam District Court.
Comparison with Other Assessments
The occupational expert assessment differs from the advice of an occupational health physician, who focuses on absence prevention. Here's an overview:
| Aspect | Occupational Health Physician | Occupational Expert (UWV) |
|---|---|---|
| Focus | Medical causes and re-integration tips | Work capacity and income loss in the Rotterdam context |
| Client | Employer | UWV |
| Binding Nature | Advisory, non-binding | Binding for UWV, except on appeal |
| Contact with Employee | Direct and personal | Usually remote |
Read more about the occupational health physician in our article Occupational Health Physician and Occupational Expert in Rotterdam.
Frequently Asked Questions
Can I challenge the occupational expert assessment?
Yes, file an objection with the UWV within six weeks. Explain why it's incorrect and provide new evidence. The UWV will review it; for help in Rotterdam, contact the Legal Aid Office.
How long does it take to receive an occupational expert assessment?
Normally 8 to 14 weeks after application, depending on the case. In busy periods in Rotterdam, it might take longer due to port-related claims.