If you’ve been injured at work, your employer may request an independent medical examination (IME). An IME means seeing a doctor other than your own so your employer and their insurer can get a second opinion on your injuries and how they affect your ability to work.
While an IME is intended to be conducted by an impartial doctor, the one chosen by the insurance company may present findings that favor the employer’s perspective, which could affect your workers’ compensation benefits or the outcome of your claim. Understanding the role of an IME in workers’ comp cases is crucial before you undergo the exam.
What Can I Do If the IME Results Lead to a Benefits Denial?
You have options if your employer denies your workers’ comp claim based on the IME. An experienced workers’ comp lawyer can review the doctor’s findings and offer an opinion on whether they are incomplete or one-sided. Then an attorney can help you prepare an appeal as necessary, gather additional medical evidence, and develop a fresh strategy that proves your job injury and need for treatment.
How a Workers’ Compensation Lawyer Can Challenge the Independent Doctor
Although called an independent medical examination, the doctor conducting it is selected and paid by the insurance company. While this should not influence the evaluation, it can sometimes affect how your injuries are assessed. Your workers’ compensation attorney can challenge biased IME results by carefully reviewing their report, comparing it to your medical history, and pointing out any inconsistencies. They can also collect evidence from your treating physician or submit a different medical expert to refute the IME’s claims. The goal is to show the complete picture of your injury, not just the version the insurance company wants to see.
How a Workers’ Comp Attorney Finds Weaknesses in the IME Report
IMEs may omit key details or minimize the severity of symptoms. An experienced lawyer can comb through the report to find mistakes, contradictions, or unsupported conclusions. If the doctor made assumptions, ignored or never received your prior records, or rushed the exam, they can point out those errors and ask the insurer to reconsider your claim. They can also compare the IME findings with notes from your treating doctor, diagnostic tests, and your own account of how the injury affects you. These steps provide workers’ compensation attorneys with leverage to challenge denials and fight for a client’s rightful benefits.
Developing a Legal Strategy for Fighting a Biased IME
Every workers’ comp case is different, so your attorney should build a strategy tailored to your situation. That may include getting additional opinions from trusted medical experts, gathering eyewitness statements to demonstrate how your injury occurred, or questioning the IME doctor’s credentials or methods. It all depends on the specific circumstances of your case, so the first step is to consult an attorney.
Contact a Workers’ Compensation Lawyer Now for Help
Facing an IME? A knowledgeable workers’ compensation lawyer can help protect your rights and level the playing field. Call Trollinger Law LLC now or complete our contact form for a free consultation.
