Part 1: The Workers' Compensation Process
- How do I know if I Have a Workers' Compensation Claim?
- How Do I File a Workers' Compensation Claim?
- Is There a Time Limit for Filing My Claim?
- What Benefits Am I Entitled To?
- Independent Medical Examinations
- The Hearing Process
- After the Hearing – Decisions, Payments and Appeals
- Finalization of a Workers' Compensation Claim
- Attorneys' Fees
Part 2: Special Issues In Workers' Compensation
INDEPENDENT MEDICAL EXAMINATIONS
Almost every person who files a Workers' Compensation claim will be required to attend at least one "independent medical examination" (IME). These exams would be more appropriately called "defense medical examinations" because they are requested and scheduled by the insurance companies and their attorneys. The doctors who perform the examinations are hired and paid by the insurance company. They are not there to treat you, but rather to report back to the insurance company on your condition, its cause and your degree of disability. Not surprisingly, IME doctors tend to disagree with your own doctors. Despite this, you are required to attend the exams, as failure to do so can result in the suspension of your benefits.
You will receive notice of an independent medical exam in the mail. A sample examination notice can be found on appendix page 4. If for any reason you do not think you can make the appointment, please contact our office and we will let you know what to do. The notice often asks you to bring x-rays with you to your exam. If you have x-ray films, go ahead and bring them. If you do not have them, don't worry about it. When you do go to the appointment you should be aware that the doctor may be watching you exit your vehicle, enter the building and sit in the waiting room. They will also watch you when you leave the office. We recommend that you keep track of the amount of time you actually see the doctor, and what the doctor actually does. You should be honest and forthcoming with the doctor, but remember that he or she is not on your side. If the doctor asks you to do anything that you feel may worsen your condition, explain your concerns to the doctor. If you are hurting during the exam, be sure to let the doctor know.
After your exam, the doctor will prepare a report for the insurance company, which may be used to reduce your benefits, deny a requested treatment, or controvert your entire claim. If this happens, we may need to go to a number of hearings in order to resolve the issue.