Question: Can You Sue An IME Doctor?

Can I refuse an IME?

You’re an employee, you’ve been off sick and you’re ready to return to work.

But your employer says you need to go to an “independent medical examination” (IME) before you can return to work.

You should not refuse a direction to attend an IME..

Can you sue workers compensation for pain and suffering?

In accordance with the NSW Regulatory Authority, you are able to recover for pain and suffering and the loss of enjoyment of life. However, your injuries must be permanent in nature and you must experience a loss in excess of 10% of your capacities. … There are also personal injury claim time limits to consider.

How do I prepare for IME?

Checklist for Preparing for Your Independent Medical Examination (IME)Be Appropriately Cleaned, Groomed & Dressed. … Arrive at Least 30 Minutes Early. … Be Familiar with Your Medical History. … Be 100% Honest – Don’t Exaggerate Your Injuries.More items…

What should I not say to my workers comp adjuster?

Below is a list of tips you should keep in mind during any conversations you might have the insurance adjuster: Never agree to a recorded statement. You are not obligated to provide a recorded statement to the workers’ compensation adjuster and doing so will not do you any favors, so politely decline this request.

What do you wear to ime?

Generally speaking, dress comfortably in a way that doesn’t restrict your movement or place pressure on your injury. Also, if you were prescribed any kind of supportive devices, like canes or protective eyewear, make sure you wear/bring those too.

What is the purpose of an IME?

The most basic purpose behind an independent medical exam (IME) is to have a non-bias review of a plaintiff’s medical condition as a way to verify that the reported injuries are in fact real, that the injuries as are accurate as to the extent of physical, emotional, or mental damage that the plaintiff claims, and that …

How do you deal with IME doctors?

Even if the IME doctor has been hired by the insurance company or workers’ comp agency, you should still be polite and respectful. Don’t assume the examiner is out to get you. Even if the doctor is less than friendly, responding with hostility can only hurt you. Be honest and don’t exaggerate your symptoms.

Can you sue a workers comp doctor?

California Supreme Court Says Injured Worker Cannot Sue Comp Doctor For Medical Malpractice. … After examining the worker, the treating physician recommends any medical treatment he or she believes is necessary and the employer is given a treatment request to approve or deny.

Why do workers comp doctors lie?

Because many people worry about a preexisting injury affecting their claim, they may be tempted to lie and say they didn’t have a previous injury. Unfortunately, this can hurt your claim, too. Your doctor can easily find out about your previous accident, especially if they have access to your medical records.

What are the 4 D’s of medical negligence?

The 4 D’s of medical negligence are 1) Duty, 2) Deviation, 3) Direct Cause, and 4) Damages. The plaintiff must prove each of these elements by a preponderance of the evidence.

Can IME doctor send you back to work?

While your regular doctor is concerned with treating your condition and facilitating your return to work, an IME doctor’s only role is to provide additional information or to clarify specific aspects of your condition and to report back to WorkCover. … Nothing you say to the IME doctor will remain confidential.

What should you not say in an IME?

What Not to Say to the Independent Medical Examination DoctorDo not ask the physician for a diagnosis. … Do not exaggerate the symptoms of your injuries or occupational illness. … Avoid saying more than you should.

How do I beat an IME?

Preparing for the Independent Medical ExaminationKeep your appointment. … Know what you’re getting into. … Get organized. … Note the date, time and place of your exam and the name of the doctor who will be examining you. … Arrive early. … Take time to answer all questions carefully. … Avoid unnecessary elaboration. … Be precise.More items…•

What do IME doctors look for?

Objective Manifestations of Injury – The IME doctor will (should) typically review any medical imaging studies, such as x-rays, MRI reports, CT scans, and EMG nerve conduction studies, to try to find objective manifestations of injury – that is, objectively measurable damage or injury to your body.

What happens after my ime?

After the IME, the doctor will write a report with his or her conclusions and opinions, particularly in response to the disputed issues or questions raised by the insurance company. You or your lawyer should receive a copy of this report. The results of the IME can have a large impact on your case.

Can workers comp deny a second opinion?

If Your Second Opinion is Denied The insurance company may deny your request for a second opinion. In this case, you can visit another doctor of your choice. However, you could face several challenges. The insurance company may not accept your doctor’s recommendation.

What happens when IME doctor disagrees with my doctor?

The IME doctor disagreed with my doctor and my employer stopped paying benefits…can they do that? … Once your employer has an opinion contradicting your treating physician’s opinion, your employer can refuse to pay additional benefits, authorize additional treatment, accommodate your work restrictions, etc.

What does a 5 impairment rating mean?

An impairment rating is meant to be the percentage of injury that you have to that part of your body. … In other words, you might have a 30 percent impairment rating to your knee, which results in a 5 percent impairment of your entire body.