what does it mean if workmans comp lawyer meets with your doctor

by Dr. Cathy Rogahn 8 min read

If you've done your due diligence in choosing a Workers' Compensation lawyer, and are happy with your representation, you should trust your attorney to send you to a good doctor. Treatment is the most important part of your Workers' Compensation case -- it affects both your case and your health.

Full Answer

Should I talk to a workers comp lawyer after a work injury?

However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.

Why do I need a workers compensation attorney?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation lawhas a safety net of sort.

Why visit an insurance company-appointed doctor for a workers'compensation claim?

You see, a visit with an insurance company-appointed doctor is an essential part of the claims process in any worker's compensation case. If an employer has an injured employee on their hands, then the insurance company will want to do everything they can to prove the extent of the injury and make every effort to minimize their liability.

What does a workers'comp doctor do?

Workers' comp doctors work for the insurance company Remember, the doctor's objective for your IME is to check on your work status and determine when you can go back to work. The workers' comp doctor is, after all, an extension of the insurance company, which is why they must manage each workers' comp case carefully to limit their liability.

How long does it take to get a proposed decision in a workers comp case in NY State?

Typically, the process from hearing to approved payment takes approximately 3 weeks. The employer's insurance company or third party administrator must then make Section 32 settlement payments within 10 days of the Workers' Compensation Board's decision.

What is the purpose of an IME?

IMEs are engaged when there is dispute or need to clarify the cause, extent and medical treatment of a work-related or other injury where liability is an issue. An IME is primarily requested by the employer, the insurance carrier or legal counsel.

What happens during a medical evaluation?

Typically, the patient will meet with a nurse first who will ask them about their medical history, allergies, past surgeries, immunizations, and any symptoms they might be experiencing. After that, the doctor will conduct a vital signs check, physical exam and visual exam.

What do you wear to IME?

Be Appropriately Cleaned, Groomed & Dressed. Don't dress in clothes that would indicate to the doctor that you have been engaging in activities that don't match your injury (e.g., athletic shorts).

How do you read IME?

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Can you record an IME in Michigan?

Michigan law prohibits people from recording independent medical examinations.

How do I get an IME number?

What is an IME Number? Immigration Medical Exam Number is an 8-digit number that identifies your examination file. If you have filed an application to IRCC, this number can be found on the Medical Report Client Bio-data and Summary report issued to you by IRCC, accompanied by a barcode.

What is a doctor evaluation?

What Does Medical Evaluation Mean? A medical evaluation is a comprehensive assessment of a patient's overall medical history and current condition for the purpose of identifying health problems and planning treatment.

Why is it important to get a workers compensation attorney?

Choosing the best Workers' Compensation attorney is an important part of ensuring you get the best medical care for your workplace injury.

Do medical offices take on extra paperwork?

Many medical offices won't take on the extra paperwork necessary to get treatments approved and move your case along. Many other medical facilities are in the pocket of the insurance company, and won't put your health first.

Is it hard to find a good doctor for workers compensation?

If you have a good Workers' Compensation attorney, their job is to take care of those challenges for you. It can be very difficult to find a good doctor within the Workers' Compensation system.

What is workers comp?

A: When you have a work-related injury or illness, you’re entitled to workers’ comp benefits, including any medical care that’s reasonable, necessary, and recommended by your doctor. Workers’ comp will generally cover your bills for doctors’ visits, hospital stays, surgery or other medical procedures, medication, medical equipment or devices, ...

What is a nurse case manager?

The nurse’s role is to act as an intermediary between the doctor and the insurance company, reporting on your progress and other issues related to your case. In some cases—particularly when you have complicated medical problems requiring doctors from different specialties—nurse case managers can help by coordinating your care and streamlining the process of getting approval for treatment. But you should also be aware of the risks. For one thing, nurse case managers will be reporting to the insurance company about any conversations they’ve had with you and anything they’ve observed, even during medical appointments. And some of them may be biased toward the insurance company’s position. Usually, you may refuse to allow the nurse to sit in on your medical appointments and may even ask the insurance company to remove the nurse from your case.

How to dispute a denial of insurance?

In most states, your first step is to contest the denial with the insurance company, usually by filling out a form. The notification from the insurance company should have instructions on how to contest the decision, including any forms that you need to file. You usually have only a short time to dispute the denial.

How to contest medical denial?

In most states, your first step is to contest the denial with the insurance company, usually by filling out a form. The notification from the insurance company should have instructions on how to contest the decision, including any forms that you need to file. You usually have only a short time to dispute the denial.

Does insurance approve treatment?

The insurance company must generally authorize or approve treatment that your doctor has recommended. In states that have guidelines for standard treatment of common work injuries, both insurance companies and doctors should follow those guidelines.

Can you challenge workers comp medical decisions?

A: States have different procedures for resolving disagreements about workers’ comp medical issues, including medical treatment, your ability to return to work, and the extent of any permanent disability from your injury. If the insurance company has denied authorization for medical treatment, you have the right to challenge that decision.

Can you refuse medical treatment for workers comp?

A: You can always refuse to undergo medical treatment, but it could mean the end of your workers’ comp benefits unless you had a good reason. If you feel any treatment is doing more harm than good, or you’re concerned about the risks of invasive surgery, discuss your concerns with your doctor before taking action.

What does a workers comp doctor do?

The doctor will decide your treatment plan, work restrictions, and how your injury will affect you for years to come.

What happens if you don't tell your doctor about your workers comp claim?

If you are not honest with your doctor, you put your workers’ comp claim at risk. You may also have medical treatment denied in some circumstances as well.

What to do after a work accident?

After a work accident, consult a workers comp lawyer for legal advice about what to say to your medical provider before you begin navigating the workers’ compensation system.

What is the ultimate goal of getting back to work after an accident?

Remember that your ultimate goal is to get back to work after your workplace accident as fully functional as possible. Being honest with your treating doctor and ensuring you get the right medical care will help you with that goal.

How to avoid workplace injury?

Do not exaggerate your symptoms, including pain or functionality. Avoid delaying medical treatment; delays often only make your condition worse and decrease your chances of a full recovery. Do not stop treatment before you are fully recovered.

Can you lie to your doctor?

You should never lie to your treating doctor or the employer’s insurance company, whether through malingering (lying about having symptoms) or downplaying them. Keep in mind that your medical records will provide a full medical history, so saying that certain injuries in the past did not happen or were not that bad will simply make you look untrustworthy. Once a treating doctor cannot trust what you are saying, then he or she may not be able to give you proper medical care.

Why Should I See the Doctor Assigned by The Workers’ Compensation Insurance Company?

It may not be your personal choice, but if your employer requires you to seek medical care from a doctor who is linked with the employer’s insurer, it’s necessary that you adhere to those directives.

What Do I Need to Know About the Choice of Doctor in A Florida Workers’ Comp Claim?

After a workplace injury in Tampa, FL, you may assume it’s best to get immediate medical attention from your primary care physician. But this may be a mistake, however great an idea it sounds.

What If I Need to Change Tampa Workers’ Compensation Doctors for Specialized Treatment?

You may need specialized care. But only your insurer can pick and authorize the doctor for you, even if your employer’s doctor was the one who referred you. Sometimes the doctors authorized to treat you don’t cater to your injuries. If you’re having this kind of trouble, talk to one of our workers’ compensation attorneys in Tampa, FL, and we’ll help you.

What Happens If My Workers’ Comp Fails to Cover All My Medical Expenses?

If you have private health insurance, it should cover you. But they will first investigate the case. Moreover, a skilled injury lawyer in Tampa can help you file a personal injury claim or help you apply for government benefits like MedicAid or Social Security Disability (SSD).

What Happens If I See My Own Doctor and Say I Was Injured at Work?

If you visit your private doctor and say you were injured at work, most will refuse to treat you. These doctors know that the insurance company will deny the claim, which means the doctor won’t get paid.

What Should Do First After Getting Injured at Work? See A Doctor or Talk to A Tampa Lawyer?

In an emergency, you should see a doctor first. But if not, seek the advice of an experienced workers’ comp lawyer near you to learn Florida’s workers’ comp requirements and what options are available for you.

Does It Mean the Doctor from The Workers’ Compensation Insurance Is the Best Choice?

If you sought a second medical opinion and got a different result, you may disagree with your employer’s doctor’s diagnosis.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can a twisted back turn into a knee surgery?

However, if your work injury is serious and things get contentious between you and your employer or the insurance carrier handling the case, there is no question that it’s in your best interests to at least talk to a workers comp lawyer. A twisted knee or strained back can turn into knee or back surgery and things get serious very quickly.

What is a worker's compensation doctor?

As a trained medical professional , a worker’s compensation doctor can often spot exaggerated claims. The physician will perform various tests and exams to diagnose and verify your complaints.

What is the most important part of a worker's compensation doctor?

Honesty is the most important part of all interactions with your worker’s compensation doctor. Hiding details or lying about the injuries may seem like it’ll help your case, but it usually hurts you. Physicians who complete the exams and insurance companies are trained to spot the inconsistencies in your stories.

What is an IME in workers compensation?

When you have a worker’s compensation claim, you may need to undergo an independent medical exam (IME). This exam is separate from the treatment you receive from your own doctor for the injuries. The doctor who conducts your IME is an expert on worker’s compensation cases and injuries.

Why do employers require an IME exam?

Your employer’s insurance company may request the exam to make sure the injuries qualify for worker’s compensation. The insurance company may choose the doctor you see for the IME. The exam may be used to decide if the medical treatment your doctor recommends is necessary.

How much did workers compensation pay in 2017?

Workers’ compensation payouts totaled an estimated $62 billion in 2017. Insurance companies want to keep those payouts as low as possible, so they may ask for additional exams or information before approving your claim.

Why are workplace exams important?

Exams are an important part of getting your workplace injury treated properly. They’re also a part of the workers’ comp claim process. Workers’ comp is coverage provided for all employees and pays 100% of your medical costs if the injury is work-related.

What happens if you lie about your injury?

If you lie about your injury, you lose credibility. The doctor may question if any of your symptoms or injuries are real.

What is a workers comp doctor?

Your workers comp doctor is trained to spot inconsistencies in your story and has a vast deal of medical experience. They will be able to compare your story against your injury and tell if you are lying.

What is the job of a doctor?

Your doctor’s job is to assess and treat your workplace injury, not to change the safety conditions at your job. While you should be as honest as possible when explaining how your injury occurred, keep your emotions out of it.

How to communicate that you are taking your claim seriously?

The first way to communicate that you are taking your claim seriously is to show up early to your appointments. If you arrive late (or not at all), this may send the impression that you are not actually injured.

Do you get workers comp insurance if you are injured?

If you’ve been injured at work, you’re probably very grateful for your employer’s workers’ comp insurance. Being able to receive free medical care without having to chip away at your own savings can be a lifeline for most Florida workers.

What are the medical processes used in examining workers comp claims?

The medical process used in examining workers comp claims is what Dr. Randolph and Dr. Nguyen warned people to keep an eye on. They said that too many doctors in their study relied on assumptions – “I know it when I see it” – instead of using science-based medicine to diagnose and treat patients.

What is differential diagnosis?

A differential diagnosis is a concise, technical description of the cause of the injury and is based on objectively defined laboratory, radiologic and pathological facts.

Is differential diagnosis needed?

To be fair, differential diagnosis isn’t always needed. For example, if you fell and broke your arm, that would seem pretty straight forward to diagnose. But if you developed recurring pain in a leg without such a history, more careful consideration would be in order.

Do workers comp doctors take your medical history?

In other words, workers comp doctors should take your medical history and lab test results into consideration before making a diagnosis. The doctor should not just hear your complaints about back pain, for example, make an assumption that it’s like all other back pain complaints and prescribe the same treatment they always use for back injuries.

What does a workers comp doctor look for?

The workers' comp doctor will be looking at your physical appearance and how you move:

How to limit your workers comp?

The surest way to limit your workers' comp is to have "proof" from your workers' compensation doctor that you're ready and fit to go back to work.

What is an Independent Medical Examination (IME)?

An IME is a formal medical exam used to evaluate the extent of your (usually) workplace injury.

What happens if an employer has an injured employee on their hands?

If an employer has an injured employee on their hands, then the insurance company will want to do everything they can to prove the extent of the injury and make every effort to minimize their liability.

What does a doctor look for in a patient?

The doctor will be looking very closely at physical signs of pain or discomfort — or lack thereof.

Does workers compensation have a final decision?

That way, the workers' compensation insurance company will have a better understanding of the cause, the extent, and restrictions of your injuries and be able to make a final decision on your compensation claim.

Do you have to go to a doctor for workers comp?

Yes, you want to make sure your symptoms don't go unnoticed by your doctor. But at the same measure, workers' comp doctors are usually well-trained to spot exaggerated claims and false displays of suffering.