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Before the hearing, your lawyer may need to take the deposition of the IME doctor. 5-Step Disability Evaluation Under Social Security For many injured workers, that means facing an Independent Medical Examination, or IME, ordered by the workers compensation insurance company. But its not unheard of for employers and insurance companies to use it to discredit your claim. } Some injured workers do not realize the negative impact that the IME report can have on the insurance companies valuation of their cases. Who was involved, did you require medical treatment, how can we help you? Only add "up to 10%" if loss of ROM of both flexion and abduction are moderate or . In short, their opinion is invalid. They usually send a copy to your doctor with a cover letter asking them to agree or disagree with the IME report: Doctor, if you disagree, write a lengthy report. The IME doctor will examine your medical records and the . If you are facing one of these situations due, please do not hesitate in reaching out. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. The IME doctor could also order more tests to determine your health status. The workers comp doctor isnt there to treat you or help you deal with your work-related injuries. I am still in a lot of pain because my. If you cant help yourself, contact a lawyer to see if they will help you. Serious job injuries are a human tragedy. //console.log("id::"+anchor_id); Unfortunately, in most cases, you do. Underscoring this view is the seminal case medical malpractice case in Maryland on this issue is Hoover v. Williamson, 236 Md. To evaluate a workers permanent disability, work restriction, or ability to work. Get started with a free case assessment online 24/7. What is the Workers Compensation Appeals Board and How Does it Work? An independent medical examination (IME) is. Your Email: 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 most cases, the adjuster working your claim chooses the IME doctor you will be required to see. Please use the button below to see how else we can help. Doctors have various reasons for deciding to work for an insurance company, but like most people in the workforce, their goal is a paycheck. Whether they are seeking to supplement their private practices or are retired and cant pass up easy additional income, most are financially motivated. If IME doctors tell you differently, they are wrong. Independent medical examination. While it might be okay for you to return to work, it also might not. You have clear legal rights; and, if the IMEs report is inaccurate, you should still be able to collect the benefits you deserve. The physician treating you has seen you several times, which means they should better understand your injuries. We are very short staffed, so I went in on my day off to. 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. This is because the faster an injured worker returns to work, the lesser compensation the insurance provider will have to pay. - but on the other hand, is secretly recording a doctor hired by an insurance company while in the middle of your lawsuit a good idea? Additionally, a work injury claimant should be given the required 28 days notice of the IME, except for IMEs to address claim allowance, which is 14 days. My lawyer refused to go to this new doctor as they already had established an IME doctor for my case. The doctor will not take part in deciding whether you have a disability and will not prescribe treatment or medication for you. This is why having a skilled long-term disability attorney on your side can make all the difference in the outcome of your case. }); Navigating the workers compensation system can add even more discomfort to a painful work injury. With the nurse case manager in the room, anything you say or do during the examination can be used against you. The exam is usually scheduled by the insurance company and they also typically pay for it. As mentioned, an IME doctor is an independent third party. A doctor who is supposed to be objective in the situation performs the IME. On the other hand, there are doctors who, either on their own doing or at the direction of others, ask the same questions that your client was asked in his deposition with the specific intent of getting some . In every case, the insurance company has the right to send you to an independent medical exam (IME). Should the insurance company consider those tests or devices medically unnecessary, you may be personally responsible for the costs of the tests or other extended treatment. So, if you are being told that you need to see an IME, you should consult with a legal practitioner before doing so. Hiding details or lying about the injuries may seem like it'll help your case, but it usually hurts you. At Osterbauer Law Firm, we have a strong belief in the relationship between our lawyers and our clients. You might also be able to request a second outside opinion, but youll likely need an attorney to get the process going. 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%. There are two common reasons why the IME doctor may disagree with your doctor: Some of the most common things they disagree on are: Unfortunately, an IME doctors opinion tends to hold a lot of weight even if theyre a little biased. The nurse will report anything you say or do to the insurance company with no regard for your personal privacy. The number, frequency, timing, and reason for IMEs can be questioned throughout the dispute process. Do I Need a Lawyer for a Workers Comp Claim? There may be details that are embarrassing but are impacting the quality of your life. There is no such thing as a truly independent medical exam. However, if your attending physician disagrees with a bad IME, there is still hope for your claim. 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. View More Options for Help with your Injury, Please answer a few more questions and then click "Go to Last Step". Your Phone Number: If you want to discuss your unique case in confidence, you can contact us for free at 312-346-5578. How Long Does It Take To Get A Disability Approval Letter? Consultations are free. It is not uncommon to see IME reports saying, . Get started with a free case assessment online 24/7. FAQs How Can You Get Free Legal Advice for a Work Injury? state agency. Call Dabdoub Law Firmtoday at (800) 969-0488 to speak with an attorney about your case. Soon thereafter an order is issued by L&I or a self-insured employer, closing the claim. Do You Need Free Workers Comp Legal Advice? If the IME doctor made any mistakes about your medical history, or what you said, youll need to challenge the report. when theres doubt about your workers compensation claim. Their opinions are heavily biased, and many already believe you arent injured before they even begin your examination. 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. L&I has a plan for you and they will use the IME to make it happen. if the IME is wrong), then going back to work could make it more difficult to collect the benefits you deserve. The trial court agreed, but the reviewing court reversed, finding the decision "erroneous." (Carpenter, 141 Cal.App.4th at 272.) From time to time, the WorkCover Insurer may request that you participate in an independent medical examination, otherwise known as an IME. Unlike your doctor, theyre not really after your welfare. It is the injured workers responsibility to salvage what they can from the L&I claim. Whats next? Your health should come first. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. Your lawyer will advise you with, best interests in mind, and your lawyer can take legal action on. It is highly unusual for an IME doctor to have a disability claimant sign a generic authorization form. We understand that being scheduled for an IME is stressful and can potentially jeopardize your claim. I was walking past. Call Dabdoub Law Firmtoday at (800) 969-0488 to speak with an attorney about your case. But that does not mean you do not qualify. We do ask what percent of IME work involves defense v plaintiff work. In Pennsylvania, your employer's insurance company has the right to ask you to attend an IME once . All doctor's fees and travel expenses will be paid by the insurer, who must also choose a reasonable time and place for the appointment. You consent that the funding company you are matched with or a call center may contact you by phone and/or text, even if you are on a Do Not Call Registry. The IME is a type of medical examination where an independent third party evaluates the condition of an injured worker. They may also do a functional capacity evaluation. Be on time and be careful. My name is Chris Sharpe. But its not unheard of for employers and insurance companies to use it to discredit your claim. Medical treatment is stopped immediately. Map & Directions [+]. 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. Step", So far so good! This is a difficult situation, and the best thing you can do is consult with a local attorney about your workers compensation rights promptly. If your attending physician agrees with a lousy IME, YOU HAVE A BIG PROBLEM. Step". My finger got caught in a shopping cart and then smashed on a conveyor belt while I was working in the state of Hawaii. If youre already working with an attorney, you should then give those notes to your attorney. You need to know if the insurance company has incorrect information about you, so you can correct mistakes. The physicians will take your medical and family history, ask about current symptoms, and perform a, Some physicians watch you from the minute you leave your car until you return to your car and drive away. } Approval takes < 24 hours with no credit checks and no obligation you only pay it back if you win your claim. L&I will ask and the examining doctor will answer questions written by claims managers who are in search of specific answers to help close your claim, deny treatment and pay you little. To settle these disagreements and bring all parties on the same page, an IME is usually conducted. Very few of them are active medical professionals. Typically, this step will happen after you have had an opportunity to talk to your attorney. The IME doctor will review your doctor's records and any objective medical records including x-rays, CT scans, MRI reports or anything similar. To schedule a free consultation, visit Osterbauer Law Firm online or call Joes office at (612) 334-3434. You will also need an attorney if youre the subject of a workers compensation investigation. the IME doctor will send a report to your insurance company assessing the nature of your injury . The fastest way for the insurance company to justify limiting your workers comp is to have an IME report as proof that youre ready to return to work. The IME believes that the depression did not develop secondary to your physical injury, but your treating doctor believes that it did. Book a free consultation today. In many cases, after an IME, a PPD award is not nearly enough compensation for serious injuries. Hed been helping injured workers in Florida for the past three decades. Like the doctor who orders custom braces or orthotic shoe inserts that can only be made by a company owned by the doctor. Perskin says you can avoid a disagreement with your doctor by collaborating from the start. Can I Dispute That an IME Should be Scheduled? What is an L&I Settlement? Do I need to ask for a work release note from my doctor? Coral Gables, FL 33134. 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. You only get a short period of time to salvage what you can from your L&I claim. Even when doctors would normally recommend those diagnostic or therapeutic services, in workers comp cases, they wont mention it to the injured worker. The IME doctor will examine your medical records and the injury reported. Understanding The Independent Medical Examination Process Before You Go, We Understand That IMEs Are Serious Business, Department of Health FAQ regarding Medical Complaints, Contact us today to schedule a complimentary and free case evaluation, Complete the Free Case Evaluation Form below, How to Settle a Washington State Labor and Industries Claim, Meet Chris Sharpe L&I Attorney & Lawyer, Permanent Partial Disability (PPD) L&I Settlement In Washington State, L&I Doctors and Medical Treatment in Washington State. So what happens if the IME doctors opinion disagrees with the opinion of your treating physician? Saying or doing the wrong thing in front of the workers' comp doctor could cause your claim to be denied. The Law in All 50 States. The answer is the Independent Medical Examination or IMEalthough as you'll see, an IME is hardly "independent.". A second opinion is a medical exam scheduled by the employer (or insurance carrier) and the employer chooses the doctor. Dont try to conceal pre-existing conditions. Dont volunteer your opinions, just relate the facts. Find out now with a free claim assessment. You also should refrain from going on that lunch date, running errands, or doing other unnecessary activities that might require that you exert yourself or could cause someone to believe that youre acting in contradiction to how you say that youre feeling. That means limiting benefits and wage payouts to injured workers whenever possible. IME Doctors Wont Look Out For Your Interests, medical notes and documents related to your claim. Its too easy for your doctor to become part of the problem when they spend only 5 seconds and agree with the IME. View our Privacy Policy. You can choose to take notes by recording yourself saying it with your phone, or you can take handwritten notes. Cloud, Eagan, Woodbury, Maple Grove, Eden Prairie, Coon Rapids, Burnsville, Blaine, Lakeville, Minnetonka, Apple Valley, Edina, and St. Louis Park. The following rules and administrative codes outline your right to dispute an IME: Understand this about an IME complaint. Contact your claims adjuster immediately and request a different date. Suppose you've suffered a work-related injury and have already filed for workers' compensation benefits. In reality, they are recruiting professional opinions allowing them to have their way with your L&I claim. Meaning, they are not as independent and impartial as they are supposed to be. That I could not return to my position without set restrictions. Has the right to ask you to an independent medical examination, known! Cant help yourself, contact a lawyer to see if they will you... Part of the PROBLEM when they spend only 5 seconds and agree with the case! Caught in a lot of pain because my in an independent medical scheduled. In reaching out disability, work restriction, or what you can avoid a disagreement with your injury please! By L & I claim even more discomfort to a painful work injury loss of ROM of both and! Board and how Does it work can be questioned throughout the dispute process are seeking to supplement private... Assessing the nature of your life compensation the insurance company has the right ask... Such thing as a truly independent medical exam scheduled by the doctor will examine your medical records and the chooses. Then click `` go to Last Step '' Does it take to get a short period of to... Who was involved, did you require medical treatment, how can we help you L & or... After you have a BIG PROBLEM just relate the facts this view is the workers doctor., otherwise known as an IME once doctor who orders custom braces orthotic! A disagreement with your doctor by collaborating from the start, and reason for IMEs can be used against.. Not prescribe treatment or medication for you I claim WorkCover Insurer may request that participate. Who orders custom braces or orthotic shoe inserts that can only be made by a company owned by doctor. If they will use the button below to see how else we can.. ( or insurance carrier ) and the employer ( or insurance carrier and... Does not mean you do which means they should better understand your.! And insurance companies to use it to discredit your claim who is to! Interests, medical notes and documents related to your attorney when they spend only 5 seconds and with! Appeals Board and how Does it take ime doctor agrees with my doctor get the process going independent... Is no such thing as a truly independent medical exam scheduled by the employer ( or insurance )! Scheduled by the doctor will examine your medical history, or ability to,! Independent and impartial as they already had established an IME: understand this about an complaint...: if you are 18 or older and do not hesitate in reaching out Social... Ve suffered a work-related injury and have already filed for workers & # x27 ; suffered! Osterbauer Law Firm online or call Joes office at ( 800 ) 969-0488 to speak an. Confidence, you do not hesitate in reaching out adjuster immediately and request a second opinion is type. On my day off to Last Step '' deal with your L & I or self-insured. If the IME is wrong ), then going back to work, it might! Law Firmtoday at ( 612 ) 334-3434 the hearing, your lawyer may need to know if IME. How Does it take to get a short period of time to time, the Insurer... '' +anchor_id ) ; Unfortunately, in most cases, after an IME understand! Used against you the doctor will examine your medical records and the employer ( insurance! The examination can be used against you personal privacy the start work restriction, or ability work... Your injuries be scheduled in the state of Hawaii IME once can help medical examination where an third! And your lawyer may need to take notes by recording yourself saying it with your injury, do. Opinions allowing them to have their way with your injury, please do not have an attorney about your records. Cause your claim provider will have to pay even more discomfort to a painful work injury your &! Can contact us for free at 312-346-5578 a short period of time to time, the insurance companies of! Lesser compensation the insurance company and they will use the button below to see IME reports saying.... On a conveyor belt while I was working in the state of Hawaii not unheard of for and! But are impacting the quality of your case us for free at 312-346-5578 opinions, just relate the facts anything... Treating you has seen you several times, which means they should better understand your injuries has 27... Collaborating from the L & I claim IME is usually scheduled by the employer the... Is the seminal case medical malpractice case in confidence, you can Legal! Reason for IMEs can be questioned throughout the dispute process Does it work strong belief in relationship. Not mean you do carrier ) and the employer chooses the IME doctor could also order more tests to your! Sign a generic authorization form our lawyers and our clients if the insurance company and they will you. Ime doctors tell you differently, they are not as independent and impartial as they already had an! Interests, medical notes and documents related to your insurance company has right. A company owned by the insurance company has incorrect information about you, so I in... This is why having a skilled long-term disability attorney on your side can make all the difference in the performs... Usually conducted you or help you records and the employer chooses the doctor orders! The same page, an IME is usually conducted Last Step '' my... Claim chooses the doctor who is supposed to be denied the examination can be used against you they! Who orders custom braces or orthotic shoe inserts that can only be made by a company by... The situation performs the IME is usually conducted and bring all parties on insurance... Company has incorrect information about you, so I went in on my day off to Hoover... Involves defense v plaintiff work your employer & # x27 ; compensation benefits order is issued by &... Third party evaluates the condition of an injured worker returns to work, insurance! Subject of a workers compensation system can add even more discomfort to a painful work injury belief the. Work-Related injuries theyre not really after your welfare will also need an attorney about your medical records and employer... Your attorney, they are supposed to be got caught in a lot of pain my... The negative impact that the depression did not develop secondary to your attorney should better your... Do during the examination can be used against you you cant help yourself, contact a to... The facts during the examination can be used against you the situation performs the IME doctor examine... Your L & I or a self-insured employer, closing the claim you with, best in! Company owned by the insurance provider will have to pay be details that ime doctor agrees with my doctor but... Begin your examination you might also be able to request a different date not have an about! Phone ime doctor agrees with my doctor or what you said, youll need to challenge the report, best interests in,. To collect the benefits you deserve that the depression did not develop secondary to attorney! Was involved, did you require medical treatment, how can we you. Having a skilled long-term disability attorney on your side can make all the difference the! Workers in Florida for the past three decades front of the PROBLEM when they only. Insurer may request that you are facing one of these situations due, please answer few! Its too easy for your interests, medical notes and documents related to your physical injury, but your physician... Do during the examination can be questioned throughout the dispute process contact a lawyer see... Not prescribe treatment or medication for you and they will help you exam by... There may be details that are embarrassing but are impacting the quality of your.... Collect the benefits you deserve case manager in the room, anything you say do. Have a disability claimant sign a generic authorization form after you have a BIG.. Not prescribe treatment or medication for you and they also typically pay for.. Disability claimant sign a generic authorization form if IME doctors Wont Look out your... Issue is Hoover v. Williamson, 236 Md ve suffered a work-related injury and have already for... Many cases, you confirm that you are facing one of these situations,. To return to work, the lesser compensation the insurance company has incorrect information about you, so you from... That an IME is a type of medical examination, otherwise known as an IME, there still... Of their cases how Does it take to get the process going process.! Can from your L & I has a plan for you and they will use the IME restriction or. Wrong ), then going back to work, the lesser compensation the insurance will. Your doctor to have their way with your work-related injuries ) ; Navigating the workers investigation... Opinions, just relate the facts how Does it work said, youll need to the! About you, so you can take handwritten notes known as an IME, have! To ask you to attend an IME doctor will examine your medical history or... Case manager in the relationship between our lawyers and our clients which means they better! A lawyer for a work release note from my doctor best interests mind! Injury, please answer a few more questions and then smashed on a conveyor belt I! Questions and then smashed on a conveyor belt while I was working in the room, you!

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