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Demystifying independent medical examinations (IMEs)

On Behalf of | Sep 20, 2024 | Workers' Compensation

An independent medical examination (IME) is a medical evaluation performed by a doctor your insurance company chooses. It is often a step you need to take if your insurance company denies your workers’ compensation claim, usually due to doubts about the nature, extent or cause of your work-related injury.

IMEs play a crucial role in the outcome of your claim. If you’re about to undergo this medical exam, here’s what you need to know:

What is the process like?

According to New York’s workers’ compensation law, you should receive prompt notice before your IME, usually at least seven days in advance. The notice usually comes in the form of a letter from the insurance company or the Workers’ Compensation Board. This letter will specify the date, time and location of the exam.

Before the IME, make sure to:

  • Inform your employer and your own doctor about the scheduled examination.
  • Gather all relevant medical records, including X-rays, MRIs and doctor’s notes.
  • Review your injury’s history thoroughly, including the date of injury and all treatments received.
  • Prepare a list of your current symptoms and limitations in daily activities.
  • Consider bringing a friend or family member as a witness to the examination.

Take note that you can refuse any invasive tests or procedures during the examination. You also have the right to receive a copy of the IME report within 10 days of the insurer receiving it.

What if you disagree with the findings?

It is important to challenge unfair and inaccurate IME findings. They could lead to a reduction or termination of your benefits or a premature return-to-work order, leaving you without the financial support and medical care you need for a full recovery.

You have several options to contest the IME results. You can:

  • Request a hearing with the Workers’ Compensation Board to present your case and any additional evidence.
  • Obtain a second opinion from your treating physician, which can counter the IME findings.
  • Undergo another IME with a different doctor for a fresh perspective.

An attorney can help you navigate the appeals process, gather medical evidence and prepare you for any hearings, ensuring that the board hears your side of the story.

Fight for the benefits you deserve

Your health and well-being are too important to leave to chance. If you’re facing challenges with your workers’ compensation claim or have concerns about an upcoming IME, reach out to a workers’ compensation attorney.

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