How IMEs Can Be Used Against You

If you’ve been scheduled for an independent medical examination (IME) after a workplace injury, it’s normal to feel unsure of what to expect. Although a workers’ comp IME may seem neutral, your employer’s insurance company can use the results to challenge your claim and potentially reduce or deny your benefits. For this reason, it’s crucial to understand what’s at stake and how to protect your rights.

 

Why Insurance Companies Request Independent Medical Examinations (IMEs)

The insurance company might request an IME to obtain an outside medical opinion about your injury. They typically only arrange these exams if there are questions about your diagnosis, treatment plan, or ability to work. You might be sent to an IME if your doctor recommends continued care, if your condition isn’t improving as expected, or if a dispute arises over how you were injured. Even if your own doctor has been treating you, the insurance company may want a report from a doctor of their choice before deciding whether to continue paying your benefits.

How IMEs Can Be Used Against You

It may seem like an independent medical examination in a workers’ comp case is just another part of the claims process, but the insurer could use the results in ways that hurt your claim. They may rely on the IME report to question your credibility, downplay your injury, or limit your access to benefits. That is a possible outcome if:

• The IME doctor says your injury is less severe than your treating doctor reported.
• The report claims your injury is related to a pre-existing condition, not your job.
• The doctor says you’ve fully recovered and can return to work, even if you’re still in pain.
• The IME contradicts your symptoms or medical history.

What You Can Do to Protect Yourself

Before the IME, reach out to an experienced workers’ compensation lawyer to discuss your rights. They’ll help you know what to expect and how to respond if the resulting report is inaccurate or misleading.

To protect yourself during an IME, just stick to the facts. Describe your symptoms clearly, and avoid exaggeration. After the exam, take notes about the experience, including how long it lasted and what the doctor asked you.

What to Do If the IME Hurts Your Claim

An IME report that says you’re uninjured, cleared for work, or no longer in need of medical treatment can lead to a denial of your workers’ compensation claim or a reduction in your workers’ comp benefits. However, you could still have options. A workers’ compensation attorney can review the IME doctor’s conclusions, gather more medical evidence, and/or request a second opinion to challenge the report. The key is to act quickly, especially if your benefits have been cut off or your claim has been denied.

Talk to a Workers’ Compensation Lawyer Today

If you’re preparing for an IME in your workers’ comp claim or the examiner’s conclusions jeopardize your benefits, turn to Trollinger Law LLC for legal guidance and support. Contact us today for a free consultation with a trusted workers’ compensation attorney.