An average of 30,000 injured workers file claims for workers’ compensation benefits in Pennsylvania annually. Regarding workers’ compensation cases in Pennsylvania, an Independent Medical Examination (IME) is a common requirement.
If you have been injured at work and receive workers’ compensation benefits, you may be asked to attend an IME to assess your injury and the extent of your disability. Understanding your rights and obligations when asked to attend an IME is crucial for protecting your benefits and ensuring a fair outcome in your case.
Our Pennsylvania workers’ comp lawyer at Mooney Law is here to explain an IME, why it’s required, and whether you can refuse to attend one.
What is an IME?
An Independent Medical Examination (IME) is a medical evaluation conducted by a physician not involved in your ongoing care. An IME’s purpose is to assess your injury objectively, the extent of your disability, and your ability to return to work. Employers or their insurance companies commonly request IMEs as part of the workers’ compensation process.
In workers’ compensation cases, IMEs are used to determine whether the injury is work-related, evaluate the severity of the injury, and assess whether the treatment plan is appropriate.
The findings from an IME can significantly impact your workers’ compensation benefits, as they may influence decisions about continued medical care, wage replacement, and your ability to return to work.
Why Are IMEs Required?
Employers and insurers request IMEs for several reasons. Primarily, they seek to confirm the validity of the injury claim and ensure that the benefits being paid are justified.
An IME can help determine whether your treatment is necessary and whether you have reached maximum medical improvement (MMI). MMI is when your condition is not expected to improve further with additional treatment.
The results of an IME can have a significant effect on your workers’ compensation claim. If the IME physician determines that your injury is not as severe as initially reported or that you can return to work, your benefits may be reduced or terminated.
This is why understanding the IME process and knowing your rights is essential.
Can You Refuse an IME?
Under Pennsylvania law, you must attend an IME if your employer or insurance company requests it. Refusing to attend an IME can have serious consequences, including suspending or terminating your workers’ compensation benefits.
The law views the IME as a necessary part of the workers’ compensation process, and non-compliance can be interpreted as an unwillingness to cooperate.
However, there are certain situations where you might have grounds to object to an IME. For example, if the IME request is unreasonable regarding timing, location, or frequency, you may have a basis to challenge it.
Additionally, if you believe the selected physician is biased or has a conflict of interest, a Pennsylvania workers’ comp lawyer can help you petition for a different doctor.
Communicating your concerns about attending an IME with your work injury lawyer in PA is essential. They can advise you on your rights and help you navigate the process while minimizing the risk of adverse outcomes.
What to Expect During an IME
The IME process is straightforward, but it’s essential to be prepared. During the examination, the physician will review your medical history, ask questions about your injury, and perform a physical examination. They may also review any medical records or diagnostic tests related to your injury.
When preparing for your IME, it is best to do the following:
- Be Honest and Consistent: Answer the physician’s questions truthfully and consistently. Any discrepancies in your statements could be used to challenge your credibility.
- Bring Relevant Medical Records: Bring copies of your medical records, diagnostic tests, and any other documentation that supports your claim.
- Understand the Purpose: Remember that the IME is not meant to provide medical care but to assess your condition for the workers’ compensation claim. The physician’s report will be sent to your employer and insurance company.
To protect your rights during the IME, consider having a Pennsylvania workers’ comp lawyer review your case beforehand. They can guide you on approaching the examination and what to expect.
How a Pennsylvania Workers’ Comp Lawyer Can Help
Navigating the IME process can be challenging, especially if the results could impact your workers’ compensation benefits. A workers’ compensation attorney in Pennsylvania can provide valuable assistance. They can:
- Guide You Through the IME Process: Your work injury lawyer in PA will help you understand what to expect during the IME and how to prepare effectively.
- Challenge Unfavorable IME Results: If the IME report contains inaccuracies or conclusions that negatively impact your claim, an injury attorney in Pennsylvania can help challenge these findings. They may request a second opinion or present evidence contradicting the IME physician’s conclusions.
- Represent Your Interests: Legal representation ensures your rights are protected throughout the workers’ compensation process. Your lawyer can negotiate with the insurance company, advocate for your continued benefits, and represent you in any disputes.
Contact Our Workers’ Compensation Attorney in Pennsylvania
If you are dealing with a work injury and have been asked to attend an IME, it’s crucial to understand your rights and obligations. Contact our work injury lawyer in PA at Mooney Law to schedule a consultation.
Our experienced attorneys can guide you through the IME process, help you protect your benefits, and ensure that your rights are upheld throughout your workers’ compensation claim.
