WHAT YOU NEED TO KNOW
During the course of your workers’ compensation claim, the insurance carrier may require you to submit to an “independent” medical examination (IME). These exams may be scheduled to diagnose your injury, determine the severity of your injury or to recommend an appropriate course of treatment. An IME doctor cannot treat a workers’ compensation patient, as an IME usually only serves to determine if an injured worker’s condition is work-related or caused by a preexisting impairment. If you have a disagreement with the insurance company’s IME doctor, you may obtain your own IME from a physician of your choice. In most cases, however, you will have to pay for your personal IME out of your own pocket.
How an Independent Medical Examination (IME) May Harm Your Case
In many cases, an IME doctor has a financial incentive to diminish the legitimacy of your claim because the IME doctor is being paid by the insurance company. The so-called “independent” doctor may downplay the severity of your injury by stating it is unrelated to work or is the result of a preexisting injury that has been re-aggravated. Sometimes, a doctor may accuse you of making up the facts of your accident or lying about the severity of your problems. As a result, you may be wrongfully cleared to return to work.
Tips for Injured Workers
The following are helpful tips to keep in mind before, during, and after your independent medical exam:
- If possible, have someone accompany you to your IME. This person should take detailed notes or, if the doctor allows you, make an audio recording of the exam. This is especially helpful if there is a dispute between you and the doctor about what happened at the IME.
- Be honest and polite with the IME doctor. In many cases your conduct during their IME can affect how the doctor perceives you, and as a result, the doctor’s final report to the insurance company.
- Be honest about any previous injuries. Do not minimize or exaggerate any problems.
- Do not speak to the doctor about the insurance company, adjusters, or attorneys.
- Do not discuss any settlement or litigation activity.
- Provide a thorough history of symptoms and medical treatment relevant to your condition.
- Make the doctor aware of any pain you experience during your exam.
- Remember that you are being observed at all times during your IME. Therefore, don’t behave differently at your IME than you would at home. For example, if you don’t use a cane in your normal life, don’t bring one to your IME. Be honest.
Prior to an independent medical exam, it is advisable to seek the advice of a workers’ comp attorney. Before your IME, an attorney may be able to foresee questions a doctor may ask and help prepare the right answers.
