If you have been injured on the job and are on disability, don’t be surprised if your employer requires you to see a doctor of its choosing. Companies (and their insurance carriers) schedule these appointments – known as independent medical examinations (IMEs) – to verify the extent of injuries and to assess if they are work-related. Employers may also want to determine how long workers need to be out of work, and whether they can return to work in a reduced capacity.
The Illinois workers’ compensation law authorizes companies to set up IMEs as long as they provide injured workers sufficient notice and reimburse their travel expenses. It’s important that you go to a scheduled IME because your workers’ compensation benefits will be suspended if you fail to attend. You may have to undergo multiple IMEs if you are being treated by more than one specialist for multiple health concerns related to your work accident.
While some IME doctors are truly independent, many are “hired guns” who usually provide reports favoring employers and workers’ compensation insurers. An employer can rely on an IME report to terminate workers’ compensation payments for ongoing medical care, or to refuse payment for a requested surgery.
If you are asked to attend an IME, you might want to consult with an experienced workers’ compensation attorney who can help you prepare for your visit. A lawyer can guide you on how to effectively communicate with the IME doctor, and also assist you in selecting the pertinent medical records to share with the doctor as part of the examination. Illinois law gives you the right to schedule your own IME, which an attorney can help you schedule.
You should treat the employer-required IME like any other medical examination. Provide honest, thorough responses, and cooperate with the examining doctor, although you shouldn’t divulge any conversations you have had with your attorney.
Here’s what to expect when you visit the IME doctor. You will be asked about the work accident and your medical condition. The doctor will assess your general appearance, and will be especially on the look out for exaggerated claims of injury symptoms. You likely will be asked about any other ailments or injuries arising both before and after the work accident that might be contributing to or aggravating your work-related injury.
During the medical examination the doctor will evaluate whether your subjective symptoms of pain and discomfort are consistent with objective testing (e.g., X-rays, MRIs, CT scans, or nerve conduction studies). You might undergo a series of tests requiring you to provide subjective indications of pain, discomfort or sensitivity. For example, if you have injured your back, you might be asked to bend and twist your torso.
What happens if an IME report questions your injury or concludes that you should return to work? You have the right under Illinois law to contest the IME before an arbitrator of the Illinois Workers’ Compensation Commission. Your case will be strengthened considerably if your treating physician thinks you should remain on disability since the arbitrator will likely give more weight to your doctor’s opinion than the IME doctor, especially if the IME doctor has a reputation of providing reports that usually favor employers and their insurance carriers. Your chances of success are also better if you don’t have any problems with surveillance video contradicting your injury claims, and if you provide credible testimony about your injury and related physical issues.
Another option short of going to arbitration is to negotiate with your employer on when you can return to work.
If you have been injured on the job and are told that you must attend an IME, it’s important that you consult with an attorney to assess your legal rights. For answers to questions about your Illinois workers’ compensation benefits, contact our Illinois Workers’ Compensation Law Firm for a free consultation.
