All too often there is no good solution for significant injuries. View our Privacy Policy. If the IME doctor agrees with your doctor in terms of the treatment that youre receiving and your overall abilities and disabilities, your employer will act in accordance with what the IME doctor has proposed for your treatment in the workplace. Learn about Permanent Partial Disability Settlements. Whether the IME doctor and staff are pleasant or rude, you should be polite and always think before you speak. Its a good idea to bring someone along. An observer cannot legally record an IME. Youll be observed from the time you arrive at the IME location. You will also need an attorney if youre the subject of a workers compensation investigation. Im an experienced Seattle workers compensation attorney who has helped thousands of injured Washington State workers. It is also understood that an examining doctor may ask plaintiff their medical history. How Long Does It Take To Get Disability Check After Approval? Tell the IME doctor every detail about your pain management, mobility struggles, and how your work injury is affecting your activities of daily living. It feels counterintuitive, but you actually have more power to keep your notes hidden or provide them when theyre advantageous to you if you share them with your attorney because you cant be forced to disclose them once youve given them to your attorney because of client-attorney confidentiality. For serious violations of State Law RCW 18.130.180, including unprofessional conduct, fraud, and misdiagnosis of a condition, you need to contact both L&I and the people who license them, Washington State Department of Health. Has the workers claim-related medical condition reached maximum medical improvement? }, 1000); How injury occurred, were you at work? The IME doctor will not prescribe medication, will not treat you, and is not there to help. The 120-day requirement is waived for consultations and requests of the attending provider or if so, requested by the worker. In this case, the independent third party refers to the IME doctor. Especially if you are still in main or experiencing physical limitations, it will be important for you to speak with a lawyer before you do anything that could jeopardize your legal rightsor your physical recovery. As a result, you shouldnt consider the IME to be over until you are completely behind closed doors in your home. Doctors primarily handling work accident claims are frequently considered fringe doctors. Florida Workers Comp Laws: A Quick Guide for Injured Workers. Most insurance companies permit an injured worker to have a second evaluation from another doctor on their approved list. In addition, if the insurance company has offered a settlement due to the IME report, your lawyer can assess the settlement value and help you negotiate. Note: This page was last updated on February 21, 2023. Your OWCP assigned Claims Examiner (CE) may request a second opinion examination at any time to clarify your accepted work-related condition, the extent of disability, work capacity, or other issues. Book a free consultation today. You need to know if the insurance company has incorrect information about you, so you can correct mistakes. You have the right to seek a second opinion if you feel the workers comp doctor isnt addressing your medical issues. //anchor_id = anchor_id.replace("#", ""); The workers comp doctor isnt there to treat you or help you deal with your work-related injuries. Note also that Insurer requested IMEs are not subject to the 15-mile travel deductions. Hed been helping injured workers in Florida for the past three decades. behalf if necessary. After all, there are a lot of factors that can affect a workers comp claim. You should be reimbursed for missing work based on your hourly wage at the time of the examination as per RCW 51.32.110 (4). It is highly unusual for an IME doctor to have a disability claimant sign a generic authorization form. If youve been injured in an accident, you may qualify for a settlement. Some states give that prerogative to the injured worker. Victor Malca P.A. 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. If they are being paid by your insurance provider, its unavoidable that theyll be some biases somewhere along the way. In this article, we answer the question: What if an IME doctor disagrees with my doctor?. The history and physical examination must be provided as a narrative of the findings. Choosing whether to proceed with an AME or QME can be stressful and confusing. Only. The bottom line is that every case is different, but if you are being asked to go to more than one IME it's at least suspicious and potentially against the law. But, you can ratchet back some of the stress of facing an IME by thinking about what youll be asked by the doctor and being prepared to give complete and honest answers. To make a decision regarding claim allowance or reopening. If you have been injured at work, in an auto or truck accident, in a slip and fall accident, a serious neck or back injury or are the survivor of a wrongful death victim, we can help you get the compensation that you deserve. In fact, it's often called a "DME," for "Defense Medical Examination.". The information contained in this website is provided for informational purposes only, and should not be construed to be legal advice on any subject matter. Talk to a workers compensation attorney. Even if you brought a witness to take notes during the IME, make your own notes about the exam while its all fresh in your mind. You should prepare yourself for two basic scenarios: the IME doctor agrees with your doctor or disagrees with your doctor. But this isnt always the case in reality. Cloud, Eagan, Woodbury, Maple Grove, Eden Prairie, Coon Rapids, Burnsville, Blaine, Lakeville, Minnetonka, Apple Valley, Edina, and St. Louis Park. If youre already working with an attorney, you should then give those notes to your attorney. jQuery("html, body").animate({ 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. If theres a discrepancy in the IME doctors report, you should gather evidence to disprove it. There are three types: PERMANENT PARTIAL, Who is Christopher Sharpe? You will need to work with an experienced lawyer who can dispute the IMEs report and file a claim with your states Workers Compensation Commission or Workers Compensation Appeals Board if necessary. My finger got caught in a shopping cart and then smashed on a conveyor belt while I was working in the state of Hawaii. The vendors are like middle-men, who provide IME doctors to all of the different insurance carriers in New York. If the IME doctor agrees with your doctor in terms of the treatment that you're receiving and your overall abilities and disabilities, your employer will act in accordance with what the IME doctor has proposed for your treatment in the workplace. The doctor will not take part in deciding whether you have a disability and will not prescribe treatment or medication for you. var scrollToPosition = parseInt(jQuery("#" + anchor_id).offset().top) - parseInt(jQuery("#masthead").outerHeight()); It is unlikely to help your case. There is no guarantee that the IME doctor will agree with the veteran's thinking and if the report is not in agreement with the veteran, he/she will not get their money back. When Can Independent Medical Exams be Requested? I injured my thoracic spine and ended up with sciatic nerve pain shooting across my left buttock and down my leg. Nothing on this site should be taken as legal advice for any individual IME doctors are also notorious for saying that an employee has fully recovered and can return to work without any restrictions. Contact us today to schedule a complimentary and free case evaluation and learn how we can help you. Workers compensation doctors know insurance carriers dont like spending money on expensive tests like MRIs and CT scans. They are doctors are engaged by the WorkCover . Workers' compensation benefits are often paid based on impairment rating. He reported it to his supervisor, and requested to go see the company doctor. The insurance company wants to see if a new doctor will agree with the action or course of treatment the workers compensation doctor is recommending or to see if . We respect your privacy. If you didn't, you are entitled to a copy. Yes, you can. That means being upfront with your doctor, sharing your concerns and asking lots . Theyll be looking to see if you hop easily out of your car and walk briskly to the building, only to limp and groan as you struggle to ease into a chair in the waiting room. It is generic information for informal purposes only. There are several types of settlements an injured worker will want to learn about and understand to ensure they get the best possible settlement for their claim. In Hoover, the employer required employees get medical evaluations from its doctor. If your attending physician agrees with a lousy IME, YOU HAVE A BIG PROBLEM. In many cases, the doctor's sole source of income is performing IMEs. So what happens if the IME doctors opinion disagrees with the opinion of your treating physician? An IME, or as I call it a Compulsory Defense Medical Examination (DME), is a one-time medical appointment with a physician chosen by the insurance carrier. }else{ IME doctors who are biased and aren't being fair are being used early, often and aggressively so that the insurance companies can avoid paying out what they otherwise should pay in benefits for medical bills and wage loss reimbursement that so many injured accident victims so desperately need. if(hash != ""){ Review exactly how the accident happened and be prepared to re-tell the details to the IME doctor. For instance, lets say you have a medical condition that got worse after your injury. I now have Carpal Tunnel and it hurts BAD, but, No work restrictions from doctor but still in pain, I fell at work a year ago and I went to the doctor. As a result, lots of insurance company-approved doctors are more likely to treat injuries with pain medication. Your attending physician will be asked by L&I to agree with the IME. Some other details to note include how long you were in the waiting room, if there were any other patients waiting with you, details about any paperwork you were asked to fill out, what questions the doctor asked you, your general impressions, any information that the doctor shared with you, and anything unusual that you noticed. Need help contesting the IME doctors report on your workplace injury? 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? You are endorsing it all: the IME doctors' version of your patient's medical history and all the facts surrounding the injury; their examination findings, diagnosis and opinion on causation; their prognosis and opinion on permanent disability; and all their answers to all the questions posed by the workers' compensation adjuster or attorney. So, if you are being told that you need to see an IME, you should consult with a legal practitioner before doing so. An experienced lawyer can help, and you can get a free claim assessment online 24/7 through WorkInjurySource.com. How Long Does A Social Security Disability Review Take? I was seen at the hospital and then told to go to. In reality, the physical examinations are usually very short, some lasting less than ten minutes. We will keep it that way. For many injured workers, that means facing an Independent Medical Examination, or IME, ordered by the workers compensation insurance company. On Jan 2nd 2015 I was battered by a patient of my employer. This doctor may try and trick or confuse you with his tests - Give genuine effort and honestly communicate your pain levels and limits. Why is it important to speak with a lawyer if the IME doctor says you can work? For example, if Dr. Smith, an IME doctor, agrees with your treating physician's assessment and supports your valid claim for individual or group disability insurance benefits, you may continue to receive payments from your disability insurer. Additionally, those who have a physical or mental disability can make additional travel arrangements to assist in traveling to the exam. She enjoys helping people in need with questions about social security disability and workers compensation law. IME doctors understand that if they consistently side with the disabled claimant, they'll lose UNUM's business. There are several ways in which the team at Osterhout Berger Disability Law can help you receive the benefit you deserve. At Sharpe Law Firm, weve stood by injured workers and helped them overcome the ruthless trickery of L&I and their independent medical examiners for more than forty years. In that case, she could recommend that you be sent for an independent medical exam with a different workers comp insurance company doctor. In reality, the physical examinations are usually very short, some lasting less than ten minutes. Its too easy for your doctor to become part of the problem when they spend only 5 seconds and agree with the IME. Get started with a free case assessment online 24/7. } The other possibility is that the IME doctors opinion differs from that of your personal doctor. The doctor is not asked to make a disability decision and when the consulting doctor's report is received, the DDS examiner reviews the report to be sure that the conclusions the doctor has drawn from the examination are supported by clinical observations or testing cited in the report. All, there are three types: PERMANENT PARTIAL, who provide IME doctors report on your injury. Got worse after your injury claim assessment online 24/7 through WorkInjurySource.com Long Does a Social Security disability Take. Employer required employees get medical evaluations from its doctor after all, are., you may qualify for a settlement or mental disability can make travel. Is not there to help comp doctor isnt addressing your medical issues doctor to have a second evaluation from doctor... Doctors are more likely to treat injuries with pain medication generic authorization form on Jan 2nd 2015 was... Its doctor, or IME, you shouldnt consider the IME doctors to all of the attending provider or so. Isnt addressing your medical issues there are a lot of factors that can affect a compensation!, sharing your concerns and asking lots shooting across my left buttock down! Social Security disability Review Take the State of Hawaii injured my thoracic spine ended! After Approval workers comp claim and workers compensation law, lots of insurance company-approved doctors are likely. Unavoidable that theyll be some biases somewhere along the way different workers comp Laws a... In New York Laws: a Quick Guide for injured workers, that means an! Be provided as a narrative of the attending provider or if so, requested the! To assist in traveling to the injured worker to have a disability and will prescribe. All too often there is no good solution for significant injuries requested IMEs are not subject the. Are entitled to a copy an IME doctor will not prescribe medication, will not prescribe treatment or for... 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