An Independent Medical Examination, or IME, is anything but independent. If you're asked to attend one, it's essential to understand that the doctor examining you is hired by the insurance company. Their goal? To save money by denying or reducing your claim.
Your employer’s workers comp insurance company has the right to send you to a doctor of their choosing for a medical examination. This is almost always done in every case, often more than once. On the surface, these exams provide medical proof to justify your claim and the treatment you receive. However, the real purpose is usually to find reasons to deny or minimize your treatment and cut your benefits off as soon as possible.
IMEs can be scheduled at various stages of your case:
Skipping an IME is not an option. Failing to attend can result in your treatment and benefits being denied. The insurance company will schedule the appointment at a reasonable time and location. If inconvenient, rescheduling is acceptable, but don’t abuse this.
Before attending, speak with your doctor and your workers comp lawyer. They will help you prepare and provide instructions based on the type of exam you’re attending. Bring someone with you if permitted and consider recording the exam after notifying the doctor in advance.
The exam usually lasts about 10 minutes. Be polite and respectful, and provide the doctor with detailed information about your injury and how the accident happened. Mention all injuries, even those that seem insignificant or have improved. If the doctor asks you to move an injured body part, explain what causes pain and avoid any movement that worsens your injury. Also, inform them of any medications that may affect your movement.
You have the right to a copy of the medical report within 10 days. Review it carefully and note any discrepancies. For instance, if the report states that you performed a leg raise test you didn't do or claims you climbed on and off the examination table without assistance when you actually needed help, make a note of these errors. These notes are crucial for your lawyer during cross-examination.
Despite the IME doctor’s bias towards the insurance company, you can use the examination to your advantage:
A knowledgeable lawyer is invaluable. They understand the nuances of workers comp claims and can represent you effectively in court, ensuring the judge sides with you over the insurance company’s IME doctors.
If you’ve been injured on the job in New York and need assistance, call 212-406-8989 for a free consultation. Together, we can secure the treatment and benefits you deserve.
For more tips, be sure to subscribe to my channel and check out my video on choosing the right doctor. The wrong doctor can ruin your workers comp case, so make sure you’re well-informed.
Watch the video about choosing the right doctor here.
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