73 Going to a Second IME Exam I had an IME exam in 2009. Consult with a licensed attorney in your state before relying on any information found on this site. At this point, it is up to you to fight for your legal rights. }); Though, this will make it harder to get your workers comp claim approved. Most insurance companies permit an injured worker to have a second evaluation from another doctor on their approved list. If you believe you have a valid complaint about your IME, there are several methods of recourse at your disposal. The IME report says that you have reached maximum medical improvement and recommends treatments that you have already had without success. If you have an attorney, your attorney and the claims administrator may agree on a doctor without going through the state system used to pick a QME. Get an expert opinion about your claim, from an experienced lawyer. Call 206-343-1988 or email and let us help you figure it out with a free consultation. case or situation. In cases where your employer's insurance company disputes your injuries, illness or disabilities, they may ask you to undergo an independent medical examination (IME). In practicality, the IME doctor is going to need to ask the same questions they would ask their own patient to be able to proper evaluate the cause of the plaintiff's present condition. Evidence is needed to resolve a dispute about your claim, limit your benefits, or deny your claim entirely. The apartment. Ex. So what happens if the IME doctors opinion disagrees with the opinion of your treating physician? It is NOT formal legal advice. The history and physical examination must be provided as a narrative of the findings. Our experience is the jury knows the doctor is charging and it is a waste of time to impeach on money charged to do forensic work. IMEs review medical records and in some cases examine the injured worker. Step", So far so good! Don't compare your claim to someone else's. 250 (1964). As the. Even when doctors would normally recommend those diagnostic or therapeutic services, in workers comp cases, they wont mention it to the injured worker. This same insurance company pays them, so it is common for an IME doctor to disagree with your doctor or the doctor providing care for your workers' comp injury. Everything you say or do will be reported to the insurance company and can be used against you. If you force yourself to work when your body is not yet up to it, your injury may only get worse. Joe Osterbauer, Esq. Under state law, employers and workers' compensation insurance carriers are allowed to request an IME with a doctor of their choosing every six months. While it might be okay for you to return to work, it also might not. } For instance, if you came in with a limp and suddenly dont have it when you walk out the front door to the clinic, theres a good chance that the doctors are taking note of that, especially if this information affects your claim. But this isnt always the case in reality. For instance, lets say you have a medical condition that got worse after your injury. FAQs How Can You Get Free Legal Advice for a Work Injury? Get a free claim assessment from a local attorney. Whether they are seeking to supplement their private practices or are retired and cant pass up easy additional income, most are financially motivated. There are several ways in which the team at Osterhout Berger Disability Law can help you receive the benefit you deserve. Virtually all state regulations permit you to be treated by your own doctor, but your claim is highly dependent on the medical opinion of the doctor from the insurance companys approved list. There is no such thing as a truly independent medical exam. var anchor_id = jQuery(this).attr("href").split("#")[1]; var hash = location.hash.replace("#",""); The other possibility is that the IME doctors opinion differs from that of your personal doctor. SAVE YOUR RECEIPTS!!! At Osterbauer Law Firm, we have a strong belief in the relationship between our lawyers and our clients. If IME doctors tell you differently, they are wrong. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? Additionally, if you dont agree with the IME doctor, you might be able to challenge their decision if they made it based on incomplete, incorrect, or outdated information. Instead, these doctors make their living performing IMEs for insurance companies, who provide generous compensation for one-time examinations. Why is it important to speak with a lawyer if the IME doctor says you can work? As a practical matter, however, you may feel that it is necessary to do so. Nurse case managers are registered nurses whose job is to facilitate communication between the doctor and the insurance company. While a second opinion may be helpful, keep in mind the other doctor is getting paid by the insurance company, just like the first one. An IME doctor will evaluate your medical history and your current medical state to determine the severity of your disability or medical condition, the treatment you need and your ability to continue working. Has the workers claim-related medical condition reached maximum medical improvement? What To Do Before, During and After an IME, IME Doctors Won't Look Out For Your Interests. An IME is an examination scheduled by the Indiana Work Comp Board, and this report will be very important to your case. These will be paid at the current department rate. Hed been helping injured workers in Florida for the past three decades. Virginia Beach Office 5500-B Greenwich Rd. Call Dabdoub Law Firmtoday at (800) 969-0488 to speak with an attorney about your case. Hiding details or lying about the injuries may seem like it'll help your case, but it usually hurts you. But you may qualify for pre-settlement funding. So, if youre asking, The IME doctor says I Can work, whats next? The simple answer is that you should contact a lawyer promptly. For example, she may disagree with your doctor about your pain or mobility level and when you should be released to go back to work. A free phone consultation or email gets that figured out quickly. When Can Independent Medical Exams be Requested? But that doesnt mean you cant challenge their opinion. He can help you contest your IME doctors opinion and get the benefits you deserve too. He reported it to his supervisor, and requested to go see the company doctor. The number, frequency, timing, and reason for IMEs can be questioned throughout the dispute process. Nothing on this site should be taken as legal advice for any individual There might also be an arbitrator, who will decide whether the IME doctor or your doctor is more credible. Minor complaints, such as rudeness, can be handled by sending an IME comment form to L&I at the following address: IME Provider Review L&IPO Box 44322Olympia, WA 98504-4322. The IME doctor will review your doctor's records and any objective medical records including x-rays, CT scans, MRI reports or anything similar. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. What Are Your Chances of Getting Disability for Arthritis. Can I Get Disability After Getting Workers Comp Settlement? To resolve a new medical issue, after the filing of an appeal, or to assess case progress. Self-Insured employers. At the other end of the spectrum, the employee will be entitled to 6 weeks of benefits for every percentage of impairment that is more than 21%. After a specified time from your claim filing, youll be permitted to have an evaluation and treatment from a physician you choose, whether on the insurance companys approved list or not. Is It Time to Speak with a Work-Related Injury Lawyer? No recipients of any content from this website, clients or otherwise, should act or refrain from acting on the basis of such content, without first seeking the appropriate legal and/or other professional advice on the particular facts and circumstances at issue, and from an attorney and/or professional who is licensed in the recipients state. He has built a successful law practice by thoroughly educating, honestly helping, and successfully representing workers throughout Washington State. And as such, the WorkCover insurer refuses to pay for any medical treatment related to the depression. Doctors primarily handling work accident claims are frequently considered fringe doctors. In fact, it's often called a "DME," for "Defense Medical Examination.". Independent Medical Exam (IME) Doctor - These doctors conduct IMEs on behalf of the insurance company. . During this process, a doctor looks at your previous medical records and does an examination on your to determine whether or not you fit the qualifications. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". An independent medical examination (IME) is usually requested when theres doubt about your workers compensation claim. Some of the reasons why this can happen are because: When there are differences of opinion regarding your condition, the insurance company will side with whichever report they deem the most credible. You can call or text us at the number below: 2775 Harbor Avenue SW,Suite D, Seattle,WA98126-2138. jQuery(".on-page-links ul > li a").click(function(){ For one, they must be licensed health professionals. This could include simple observations or may involve video surveillance. We will keep it that way. Whats an Independent Medical Examination? jQuery("html, body").animate({ I never consider a an IME exam to be independent because you are required pursuant to the terms of your disability . But its not unheard of for employers and insurance companies to use it to discredit your claim. For many injured workers, that means facing an Independent Medical Examination, or IME, ordered by the workers compensation insurance company. At Chisholm Chisholm & Kilpatrick LTD, our team of experienced attorneys and professionals has assisted clients throughout the long-term disability claim process. 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