What is the procedure at an independent medical examination for workers' comp?

When a worker’s compensation claim is filed there are instances when the insurance provider or the employer disputes the grave nature of the injuries for which the worker is claiming compensation. This is when the worker is asked to go undergo examination by an independent physician.

The report of the independent examination has a direct impact on the amount that the worker is going to receive and whether he/she is eligible to receive damages for permanent disability. Before agreeing to an independent examination, it would be prudent to speak with a worker’s compensation lawyer who will prepare you for the meeting.

If they do not, they will be derelict in their duty and it will be wise to find another legal representative ASAP.

What is an IME?

An independent medical examination (IME) is conducted by a physician other than the doctor who has been treating you for your injuries. An IME happens when the employer and the insurer disputes the extent of your injury.

During the IME, a physician will examine and evaluate the severity of the trauma and make a report based on the evaluation stating the treatment you will need and how the injury will impact your ability to continue working. Unfortunately, the report can be used by the insurance company to assign you a disability rate which is much lower, which will affect your worker’s compensation insurance package adversely.

This IME is supposed to be unbiased, but as you can guess, it is hardly so. Since it is the insurance company who selects and pays the doctor, the report often favors the insurance company over the victim. The doctors usually do this to receive more referrals in the future. Therefore, before an IME, you need to seek help from a worker’s compensation attorney so they can have a doctor they know check you out.

What happens at the interview with the IME?

The doctor will ask several questions to ascertain whether you had a pre-existing health condition that caused the injury. He will make an effort to pin the symptoms of the injury on pre-existing ailments. He will ask questions and compare your answers with your medical records to spot discrepancies that can be used against you unless you find a legal professional to help you on your case and help you find a doctor that is not in league with the insurance company.

The doctor will try to identify any misrepresentation of facts in your statements during the interview. He/she will keep a careful eye on your body language for any indications if you are exaggerating or not divulging the truth. However, your worker’s compensation lawyer can prepare you for the onslaught. Here are some things you will have to clarify:

• You will be asked about your medical history.
• The nature of your daily workplace assignments.
• How you where injured?
• What were your symptoms?
• What are the treatments that you have received so far?
• How the injury is impacting your ability to perform errands and your daily duties?

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Physical Examination

The doctor will then perform a general examination of your eyes, ear nose, your blood pressure, and heart and lung condition. Then the focus will shift towards the actual workplace injuries. You may be subjected to tests to prove mobility of an arm or if you have a back problem then the doctor may ask you to lift something. He may also ask you to rate your pain. The doctor will observe if your reaction is consistent with the symptoms that you claim to experience.

Report

According to worker’s compensation lawyers, the report is a summarized version of the findings. The doctor’s opinion on the severity of your injuries and how it can impact your ability to perform tasks as a worker will also be noted. Moreover, the doctor will assign a disability rating showing your level of impairment. Your compensation is directly impacted because of this rating.