why my workers comp lawyer hire a doctor to do an ime

by Prof. Kristy Jacobi Jr. 8 min read

A doctor chosen by the insurance company will perform the examination. Since an IME plays a critical role in determining whether an injured worker receives compensation, it’s crucial for them to speak with an experienced workers’ compensation lawyer before the IME who can help them understand their legal obligations and rights.

Most often, your employer's insurance company requests an IME (and selects the examining physician when it disagrees with your workers' comp treating doctor about whether your injury or illness is work-related, whether any medical treatment (such as surgery) is truly necessary and appropriate, if and when you can go ...

Full Answer

Do I need a workers’ compensation lawyer for an Ime?

To protect yourself, you need to talk to an experienced workers’ compensation lawyer before you attend an IME. You will receive a notification from the insurance company about who will perform the IME and the time and the place of the examination. Under Pennsylvania law, you are required to attend.

Should I hire a lawyer for a workers comp claim?

Hiring a lawyer for a workers comp claim is a question every injured worker faces and the truth is that most situations – injured ankle, cut on the arm, sore back – are easily treated and won’t require more than a bag of ice, a trip to the doctor, a few aspirin and some rest.

Why would a Workers’ Compensation judge order an Ime?

In some cases, a workers’ compensation judge may order an IME if they believe it will resolve a medical dispute between you and the insurance carrier. Although insurance companies claim they pick independent doctors to conduct IMEs, this is a fallacy.

What does an Ime doctor look for in a personal injury claim?

The claims adjuster may also send the doctor a letter with a description of your injury or occupational illness, an outline of the medical care you’ve received, and a list of the disputed medical issues or questions in your case. Ask to see this letter. That way you can correct any mistakes and know what the IME doctor will be looking for.

Why do insurance companies send you to their doctors?

They want to verify (or deny) your claim by you seeing their own doctor. The insurance company may send you to an occupational health expert or a specialist, and this is called an 'insurer exam. ' The insurance company is looking to prove that your injuries are not as severe as you're making them out to be.

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 should I expect after IME?

After the IME, the doctor will write a report with his or her conclusions and opinions, particularly in response to the disputed issues or questions raised by the insurance company. You or your lawyer should receive a copy of this report. The results of the IME can have a large impact on your case.

How much is a IME worth?

A dime is worth 10 cents. A quarter is worth 25 cents.

Who needs an IME?

As of November 23, 2017, if you lived in Singapore, Tunisia or Fiji for most of the past year (6 months or more), you must complete an IME when you apply to come to Canada for six months or more.

How do you prepare for an IME?

8 Tips to Prepare for your IMEBe on Time – Which Means Early.Dress Appropriately.Bring Someone With You.See Your Family Doctor on the Same Day.Be Ready to Explain Your Injury.Always Be Honest.Be Brief but Thorough in Your Answers.Talk to Your Attorney Before Your Visit.

What is a neurological IME?

IME or Independent Medical Examination is a specific type of evaluation performed by a neurologist who has not been previously involved in the patient's treatment when requested by insurance adjustors or case managers.

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 does a medical evaluation consist of?

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 is a quarter worth?

25 centsThe quarter, short for quarter dollar, is a United States coin worth 25 cents, one-quarter of a dollar. The coin sports the profile of George Washington on its obverse, and after 1998 its reverse design has changed frequently.

What is my dime worth?

All U.S. dimes made before 1965 are 90% silver, so they command prices many times their face value. Most dimes produced after 1964 are worth only face value. There are exceptions, however, such as error coins. Looking for valuable dimes in circulation but not sure which ones are worth keeping?

How much is 3 quarters worth?

Counting MoneyAB3 quarters =75 cents4 quarters =1 dollar or 100 cents1 dollar =100 cents4 dimes + 1 penny =41 cents36 more rows

What does a medical evaluation consist of?

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 is the purpose of an IME quizlet?

What is the purpose of IME? To confirm that an individual is permanently disabled.

How long does it take to get an IME report back in NY?

within 10 daysThe IME exam generates a report that is sent to all parties generally within 10 days. The report may or may not agree with your doctor and often will vary, especially in assessing your degree of disability.

How long does it take to get an IME report back in Pennsylvania?

Generally, the IME report is sent to the insurance company within 30 days or so of the examination. That does not mean that you or your workers' compensation attorney will receive it right away though. If the case is in litigation on a contested Claim Petition, your attorney should get the report pretty quickly.

What is the responsibility of an IME physician?

That said, the IME physician has a responsibility to act in a professional manner. When you come in the examining room, the doctor should have reviewed your medical records, looked at x-rays or MRI tests, seen the medications prescribed – basically know you as well as any doctor can know a patient they are seeing for the first time.

Who requests an IME?

However, in the last few years, the worker’s attorney is just as likely to request an IME and for exactly the same reason: they disagree with the treating doctor.

How to verify IME findings?

Verify IME findings by meeting with your physician: Schedule an appointment with your own physician the same day as the IME to compare findings.

What happens if your case goes to trial?

If your case goes to trial, what happens during an IME is crucial to the outcome. You could be denied benefits because of what an independent medical examiner concluded from his examination. Be prepared to dispute any conclusions.

How many IMEs per year for neck and back injuries?

And in many states, the laws allow for two IMEs per year for each injured body part.

How long does it take to get an IME?

Don’t agree to any written tests or visits to another doctor’s office for further examinations. IMEs usually take around 30 minutes, but could be over in 10 minutes. Make a note of how much time was spent. There is only so much “history” an examining doctor can absorb from one meeting with a patient.

What is an IME?

Independent Medical Examination. An Independent Medical Examination (IME) is an attempt to confirm – or more likely, to dispute – the treating doctor’s management and care recommendations for an injured worker. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by ...

What is an IME in workers compensation?

IME stands for independent medical examination. A workers’ compensation IME is an examination carried out by an independent physician or medical professional. This medical practitioner thoroughly assesses the worker’s injuries and determines whether or not they are actually a result of work-related issues.

Who is responsible for coordinating medical exam?

If you file a workers’ compensation claim, the insurance company will be responsible for coordinating the medical exam. Here are a few things to expect from a typical IME:

How can workers compensation fraud be committed?

One of the most popular ways of committing worker’s compensation fraud is to make claims of false medical conditions. Some workers also go the extra mile and liaise with medical providers who specialize in treating workplace injuries to ensure their claims are verified and benefits collected.

What to expect before an independent medical exam?

Before going in for your independent medical exam, you should have your legal representation on standby. Our workers’ compensation lawyers will brief you on what to expect at your IME. Having them on standby ensures the entire process is carried out properly and that you receive your due benefits.

Is compensation fraud a crime?

People engage in this type of fraud to get time off work, monetary compensation, and other benefits. However, these acts could have some potential ly severe consequences on taxpayers and other workers. For this reason, compensation fraud is a crime with punishments such as fines and the possibility of a conviction.

Do you have to have a consultation with an IME examiner?

Don’t expect a typical consultation. It’s important that the worker understands that an IME is different from a visit to their usual healthcare provider. This examiner is expected to send a copy of the report to the patient, their doctor, and their lawyer, as well as the insurance company and the Workers’ Compensation Board.

Why do workers compensation judges order an IME?

In some cases, a workers’ compensation judge may order an IME if they believe it will resolve a medical dispute between you and the insurance carrier.

What is an IME in workers comp?

If the employee submits a workers’ comp claim, the employer’s insurance company may ask the injured worker to have an independent medical examination (IME). A doctor chosen by the insurance company will perform the examination.

What does an IME doctor look for?

An IME doctor looks particularly hard for signs of deception. If you exaggerate your injuries or if you act differently in the waiting room than you do in the examination room, the doctor will report that to the insurance company. Sometimes, the insurance company will look at your social media posts to see if your statements tot he doctor are different from the activities that you or your friends post on line. Or, you could be under surveillance before and after an IME exam, again to see if your statements to the doctors are consistent with your daily activities.

How much does an IME doctor make?

They are often paid about $1000 for the exam and a written report. They are usually paid around $3000 to testify against you in court for the insurance company.

How often do you have to submit an IME in Pennsylvania?

Under Pennsylvania law, an insurance company can only ask you to submit to an IME twice a year. The doctor performing the IME will receive all relevant medical information before the examination.

Why do you not have to attend an IME?

The purpose of an IME is for the insurance company to gather information from an expert to determine whether to award or deny you workers’ compensation benefits .

How much do doctors get paid to testify against you?

They are usually paid around $3000 to testify against you in court for the insurance company. In our opinion, there is a clear financial incentive for the physician to say something that favors the insurance company. That is, they get paid a lot of additional money when they testify against an injured worker.

Why is the IME doctor's opinion important?

The stakes are high at these exams, because the IME doctor’s opinion can affect how much money you get in workers’ comp benefits. So it helps to know how IMEs work and what to expect at the exam. It also helps a lot if you’re well prepared and know how to avoid common pitfalls during IMEs .

How to be honest with workers comp?

Be truthful. Always tell the truth, and avoid the urge to exaggerate your symptoms or limitations. An examining physician who has been hired by the insurance company will be looking for any chance to diminish your credibility. If you’re honest, the doctor will have a hard time suggesting that you’re trying to milk your workers’ comp claim for all its worth.

What is an IME exam?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME ...

How to conduct yourself during an IME exam?

How to Conduct Yourself During the Exam. Plan to arrive for the IME early. If you're too late and miss it, you could risk losing your right to benefits. Be sure to bring any medical equipment or devices that you usually need for your medical condition.

What to do before IME?

Before the IME, you should take several steps that can help the exam go more smoothly: Find out what the insurance company has given the IME doctor and what its questions are. The insurance company will send the examining physician a copy of your medical records.

What is an IME?

Like a workers’ comp deposition, an independent medical examination (IME) can be a nerve-wracking experience. Your employer’s insurance company may require you to attend an IME when there’s a dispute about medical issues in your workers’ comp case, including the cause of your injuries, treatment you need, if you’re able to work, ...

How to tell a doctor about your limitations?

Because of this, it is important to tell the doctor about all of your current limitations. For example, if you have trouble with overhead reaching or standing for long periods of time, make that clear, even if the doctor doesn’t ask. Above all, be calm, polite, and respectful.

What are some tricks that IME doctors use?

Another one of the many IME doctor tricks they use is performing fake tests looking for pain when they know it is impossible for it to hurt given the type of injury. They try to expose people who might be exaggerating symptoms.

How long does an IME doctor take?

One of the IME doctor tricks insurance companies do is use the same doctors repeatedly because they know what to expect. Some exams take no more than 10 minutes. They do not provide any medical advice and just write a report with his or her findings.

What is an IME report?

IME doctors write summaries of medical records selecting what evidence to highlight. People are frequently asked to bring medical records and tests to the exam. Generally, individuals are not responsible to bring these items as the insurance company can obtain them on its own. A skilled lawyer can expose the weakness of the IME report if it was not based upon all the existing medical records or diagnostic testing.

How to answer a doctor's question?

Be polite, relaxed, and alert when answering questions. Doctors can quickly expose people who exaggerate or fake symptoms. Biased medical opinions can be challenged in court and we caution against picking a fight during the exam. We recommend writing down the details immediately following so this information can be used at trial.

Is an IME doctor independent?

Others have done internet research and panic when they see negative doctor reviews. The truth is that IME doctors are not independent and get paid large sums of money to testify against injured employees.

Does Michigan Workers Comp charge a fee?

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.

Does Michigan require medical examinations?

Michigan law requires injured employees to submit to a medical examination from time to time. This is a source of great stress and worry for our clients. Many have already been through enough dealing with bad employers and obnoxious insurance adjusters. We hate giving bad news to good people.

What is the difference between a treating doctor and a workers comp doctor?

You should expect to have two different doctors: a “treating” doctor and a workers comp doctor. Your treating doctor is normally your regular GP or a specialist who specifically focuses on your recovery. The worker’s comp doctor only assesses your injuries and reports their findings to your employer and the insurance company.

What is a treating doctor?

Your treating doctor is normally your regular GP or a specialist who specifically focuses on your recovery. The worker’s comp doctor only assesses your injuries and reports their findings to your employer and the insurance company.

What to do if your IME is unsatisfactory?

If your IME report is unsatisfactory, get a second opinion. Compare the two reports, then note all the inconsistencies with your insurance company’s workers comp doctor. You should call a lawyer immediately if your worker’s comp doctor has lied on your IME report.

Is it normal to record a worker's comp exam?

Your worker’s comp doctor might be recording you as well. This is normal, so you should do your best to act polite and calm during the exam.

Does lying affect your credibility?

Lying drastically reduces your credibility. If you’re unsure about one of your answers, consult with a lawyer before you go to your exam.

Is a worker's comp doctor a doctor?

Although you should expect your IME to be different than a normal medical exam, your worker’s comp doctor is still a doctor. They owe you a duty of care regardless of the situation. Often, injured workers see their worker’s comp doctors lying to fit the insurance company’s narrative.

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.

What happens when you lift one?

Halfway through lifting one, your boss shoots you with a bow and arrow. He doesn’t really, but pain shooting through your shoulder and neck makes you think he did. Whether it turns out to be a pulled muscle or a slipped disc, you’re going to need medical help. That means you’re about to enter the workers compensation maze.

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.