If you have suffered an injury at work or because of someone else’s negligence, you might have to undergo something called an independent medical examination (IME). In many personal injury and workers’ compensation claims, insurance companies or employers request an IME to gather a second opinion about your medical condition. Because the results can significantly impact your right to compensation, knowing how IMEs work is helpful.
Every case has its own facts, injuries, and legal considerations. However, IMEs follow a basic pattern. Read on to learn what to expect during an IME and how an experienced attorney can help you navigate the process.
What Is an Independent Medical Examination?
An independent medical examination is a medical evaluation performed by a doctor who is not treating you for your injuries. This doctor is usually selected by the insurance company or the opposing party in a personal injury or workers’ compensation case. Despite being called “independent,” the examining physician is paid for their services by the insurance company, which may raise concerns about bias.
The doctor performing the IME will typically review your medical records, conduct a physical exam, and possibly order additional tests. Based on these findings, they will then write a report. This report may address:
- The nature and extent of your injuries
- The necessity of ongoing medical treatment
- Whether your injuries are work-related or were caused by an accident
- Your ability to return to work or normal activities
The insurance company can use this report to dispute parts of your claim if it differs from your treating physician’s conclusions.
Why Are IMEs Requested?
Insurance companies often request an IME when they want more information about your condition or when they think your claim may be exaggerated. In workers’ compensation cases, for instance, if your treating doctor says you need surgery or extended time off work, the insurer might demand another opinion to verify this recommendation.
Common reasons for requesting an IME include:
- Challenging the extent of your injuries
- Determining whether your medical treatment is necessary
- Evaluating if you can return to work or regular duties
- Assessing possible pre-existing conditions
While there can be legitimate reasons for an IME, it’s important to remember the opposing party pays the examiner. They might focus on minimizing or dismissing aspects of your injury. Understanding this bias can help you approach your exam carefully and with awareness of its potential impact on your case.
What Happens at an Independent Medical Examination?
Although the process may vary, most IMEs follow a similar format. Here’s a general overview:
- Review of Your Medical Records: The doctor may have already looked at your records before you arrive, or they might do so during the visit.
- Interview: The doctor will likely ask questions about your injury, symptoms, and how your accident occurred.
- Physical Exam: The physician will examine the injured area and may also evaluate your overall mobility, strength, and range of motion.
- Diagnostic Tests: The IME doctor might request X-rays, MRIs, or other tests if they believe additional information is necessary.
- Written Report: After the exam, the physician will prepare a report with their findings and opinions, which can include whether your injury is linked to the incident and whether your treatment plan is justified.
It’s a good idea to be honest but concise during the exam. Providing more detail than necessary may lead the doctor to ask probing questions that can be used to discredit your claim later on.
Tips To Protect Your Rights During an IME
Since the IME can influence how much compensation you’ll ultimately receive, you should approach it carefully. Keep these suggestions in mind:
- Arrive on time and bring any requested documents.
- Be clear and consistent about your symptoms.
- Don’t exaggerate, but don’t minimize your pain either.
- Be polite and cooperative, but avoid casual conversation.
- Ask someone to accompany you if possible, or jot down notes afterward.
If you have a lawyer, they might give you specific advice on how to handle the exam, such as avoiding speculation about your condition or how your injury occurred. Often, being prepared helps reduce anxiety and ensures you accurately convey what you’re experiencing.
Potential Outcomes of an Independent Medical Examination
After the IME, the insurance company or employer will receive the doctor’s report. Several things can happen at this point:
- Continued Benefits or Settlement Negotiations: If the IME largely matches your treating physician’s findings, the insurance company may proceed with paying benefits or settling.
- Reduced or Denied Benefits: If the IME suggests you’ve recovered or that your injuries aren’t severe, you might see a reduction or denial of benefits.
- Further Disputes: A big disagreement between the IME doctor’s opinions and your treating doctors could lead to additional evaluations, depositions, or even a court hearing.
An experienced attorney can challenge an unfair IME report by highlighting any inconsistencies or biases.
Contact a Chicago Personal Injury Lawyer for a Free Case Review
An independent medical examination can have a major impact on your personal injury or workers’ compensation claim. If you have concerns about the IME process or believe the results could limit your rightful compensation, it’s best to speak at (872) 324-4375 with an experienced Chicago personal injury attorney at Attorneys of Chicago Personal Injury Lawyers. Contact us today, a qualified lawyer can guide you through each step, from preparing for the exam to challenging an unfavorable report.
