How Should I Handle the Independent Medical Examination?
When you have been injured at work, or you are already receiving workers’ compensation benefits, there are numerous issues that may require you to seek legal help. The Riverside workers’ compensation attorneys at Heiting & Irwin, APLC can advise you during all phases of the claims process. Richard Irwin has been a state certified Workers’ Compensation specialist for almost 30 years now! His practice is dedicated solely to that area of the law.
The independent medical examination (IME) is something that you may be required to attend once you are receiving benefits. Not only must you attend, but you also need to handle it correctly to preserve your legal right to your full workers’ compensation benefits. Seriously consider contacting a dedicated workers’ compensation law firm as soon as possible if you have been asked to be examined, and you are still suffering effects from your injury.
Schedule a free initial consultation with the workers’ comp staff at Heiting & Irwin to learn more about your case and legal rights. Our workers’ comp division has been helping injured Californians deal successfully with the legal system since 1976.
The IME Can Be a Sign of Trouble
When you are asked to attend an ”independent medical examination”, it is a sign that the insurance company may think that you are nearing the point when you would be able to return to work or question progress or status of your injury and/or your claim. The IME may provide them with the ammunition they need to begin the process of winding down your benefits or cut you off completely. This examination can be very meaningful if you may be nearing the point of maximum medical improvement. An experienced attorney can prepare you and analyze the case so nothing happens that could harm your case and/or jeopardize your benefits.
What About Attending the IME?
The appointment to attend an IME is not a request. Simply stated, you have no choice but to attend, even when you think you know what is coming. The date and time can be changed to make things more convenient; and the defense may have to make provisions for your transportation to attend. The result of your IME may not be sufficient to cut off your benefits, but the failure to attend the examination is. Once you are receiving workers’ compensation, you assume an obligation to show up to examinations. (The insurance company will not hesitate to cut you off, so do not give them an excuse).
Do Not Try to “Sell” the Doctor
Do not be fooled. The examining physician is paid for by the insurance company. They are likely not going to sympathize with you. Assume that they are always taking notes, and they are ready to report anything that you say to the insurance company, especially anything negative.
You are dealing with a trained professional who has likely examined a great many injured workers. Your workers’ compensation specialist attorney will help you prepare to make the best impression and to help, rather than hurt, your case.
Some would advise that you should stick to answering only questions that are asked of you with concise responses. Your responses must stick to the point, and you should not volunteer any additional information. But this is an individual thing and must be approached personally as to what will be best for your individual case.
Speak to an Experienced Workers’ Compensation Law Firm
Attending an IME may be extremely important. First, you need advice on how to handle the IME and speak to the doctor. Second, you may need to have an experienced workers’ compensation attorney to fight back if the insurance company tries to cut or take away your benefits. One possible result is that you are told that you need to return to work, whether it is in full capacity or light duty. Depending on the results of the IME, you may need to file for a trial or seek your own doctor’s opinion. Many times, your lawyer can be instrumental in getting a good, qualified doctor on your side, or even questioning the “IME” as getting the opinion changed or modified. You should be prepared by hiring an experienced attorney (if you do not already have one), ASAP.
Get a Second Opinion if Necessary
Remember that the doctor who is designated as an “IME” is just one medical professional, and paid by the insurance company. Other doctors, especially ones who may not have a financial stake in the outcome of your evaluation, may reach a different opinion. You can push back. Your attorney would likely advise you to get a second opinion and can make it possible to get one – without costing you any money.
Contact a Riverside Workers’ Compensation Specialist Today
Connect with the knowledgeable Riverside workers’ compensation division and staff at Heiting & Irwin to learn more about how to handle an IME and other issues that can affect your claim. Our Riverside worker’s compensation Lawyers are standing by and ready to speak with you during a free initial consultation. You can schedule an appointment by messaging us online, or by calling us today at 951-682-6400.
