Your Name: How can I get my doctor to put me on full work restriction? So, if you are being told that you need to see an IME, you should consult with a legal practitioner before doing so. First and foremost. Released back to work without restrictions but cant work? Book a free consultation today. 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. The IME process is riddled with tricks and traps designed to ruin your claim. The simple answer is that IME doctors arent always right. Recalling the length of your visit with the IME doctor as well as what they said and did during the examination. How To Write A Disability Appeal Letter (With Sample). It is NOT formal legal advice. Doctors have various reasons for deciding to work for an insurance company, but like most people in the workforce, their goal is a paycheck. Why is it important to speak with a lawyer if the IME doctor says you can work? Talk to your claims manager to make this happen.In certain situations, there is reimbursement for meals, hotel expenses, taxi fare, parking costs, and ferry and bridge tolls. Your lawyer may have to attend a hearing with the workers compensation judge to present your doctors report and rebut the IME report. Dont volunteer your opinions, just relate the facts. } What You Should Not Tell Disability Doctors, How To Update Your Social Security Record After Becoming A Citizen. Get your doctor to write a helpful report outlining their disagreement with the incorrect IME findings and conclusions, including their own findings and conclusions. If the doctor failed to take a medical history from you, your attorney can point this out to the adjuster or use it in court and negotiations with the defendant's lawyer. There may be details that are embarrassing but are impacting the quality of your life. At the same time, however, going back to work too soon could be dangerous. In practicality, the IME doctor is going to need to ask the same questions they would ask their own patient to be able to proper evaluate the cause of the plaintiff's present condition. Workers comp doctor fees are based on the number of patients, not on the time spent on each case. The IME is a type of medical examination where an independent third party evaluates the condition of an injured worker. Call our worker compensation Attorney at 415-404-6395 or 415-738-240. We understand that being scheduled for an IME is stressful and can potentially jeopardize your claim. Most IME doctors don't treat patients. On rare occasions, an arbitrator will need to get involved to enforce a decision because either the employer or the insurance company is not willing to go along with what the IME doctor and your doctor both agree on. As a result, you shouldnt consider the IME to be over until you are completely behind closed doors in your home. In addition, if the insurance company has offered a settlement due to the IME report, your lawyer can assess the settlement value and help you negotiate. You might choose to take notes on a few important issues when you get to your car, or you might choose to wait until youre home if you live near the doctors office. If you cant help yourself, contact a lawyer to see if they will help you. How Do You Verify if Your Employer Has Workers Compensation Coverage? var scrollToPosition = parseInt(jQuery("#" + anchor_id).offset().top) - parseInt(jQuery("#masthead").outerHeight()); Do not let the insurance company push you back to work before you are ready you could get injured again. An independent medical examination (IME) is. Get a free claim assessment from a local attorney. Everything you say or do will be reported to the insurance company and can be used against you. An IME doctor is not your doctor - The evaluation does not create a doctor patient-relationship. 5-Step Disability Evaluation Under Social Security I injured my back at work (in Alabama) 3 weeks ago. Additionally, if your condition would prohibit you from driving a car, walk up a flight of stairs, or do any other activity that you might need to do to get home, know that there might be someone watching you to see if you do these things. Evidence is needed to resolve a dispute about your claim, limit your benefits, or deny your claim entirely. Insurance adjuster requesting IME 6 months after injury? His experience and continued success when fighting for his clients puts him among the most trusted workers compensation attorneys in Florida. Please be sure to indicate the best answer. Then call me for a free consultation: 804-251-1620 or 757-810-5614. scrollTop: jQuery("#"+hash).offset().top - 200 You might also be able to request a second outside opinion, but youll likely need an attorney to get the process going. The bottom line is that every case is different, but if you are being asked to go to more than one IME it's at least suspicious and potentially against the law. The insurance company calls it a request, but the hard truth is that if you refuse to undergo the IME, your claim will be flatly denied. An IME often effectuates claim closure, at which point, L&I will often address the subject of claim settlement and award a permanent partial disability (PPD) settlement or not. The good news is your claim wont end just because of two doctors differing opinions. We do ask what percent of IME work involves defense v plaintiff work. Before the hearing, your lawyer may need to take the deposition of the IME doctor. The doctor will then use this information to determine whether they agree with your personal doctor or not. Independent medical exams requested by disability insurance companies can be dangerous. L&I has a plan for you and they will use the IME to make it happen. Theyll be looking to see if you hop easily out of your car and walk briskly to the building, only to limp and groan as you struggle to ease into a chair in the waiting room. This is because the faster an injured worker returns to work, the lesser compensation the insurance provider will have to pay. We were told that it was because they determined my injury was a new injury and not related back to my original injury. Nurse case managers are registered nurses whose job is to facilitate communication between the doctor and the insurance company. 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. 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. How injury occurred, were you at work? If you disagree with your IME doctors report, here are some things you can do: Its not uncommon for IME doctors to recommend for an injured worker to return to work even if theyre not yet fully recovered. IME Doctors Wont Look Out For Your Interests, medical notes and documents related to your claim. If youve suffered a tragic workplace injury and youre tired of fighting for the compensation you deserve, schedule a free case evaluation today to learn how we can help you fight these injustices. Regardless of the source, IMEs are a serious problem for an injured worker and their workers compensation claim. 2012 . Yes, you can. Its not complicated. An Independent Medical Exam (IME) is an opportunity for the employer (really the employers workers compensation insurance company) to have you examined by a doctor of their choosing. If youve been injured in an accident, you may qualify for a settlement. Its a good idea to bring someone along. An observer cannot legally record an IME. Read: How to Find a Work Injury Lawyer Near Me. If you dont help yourself, who will do it for you? The insurance company will send copies of your medical records to the IME doctor well before the scheduled exam date, usually along with a cover letter telling the doctor what they want to know about your condition. Do I need to ask for a work release note from my doctor? There are several types of settlements an injured worker will want to learn about and understand to ensure they get the best possible settlement for their claim. In contrast, your treating doctor has seen you for multiple appointments over the months since your injury. The IME Doctor Disagrees With My Doctor: What Do I Do? In order to do so, they will frequently require injured workers to see an independent medical examiner (IME). Have a personal injury caused by someone else? I am still in a lot of pain because my. At the end of the call, no matter what you decide to do, you will have fresh ideas and an action plan. I fell on a broken step and injured my back. If you are requested to undergo an independent medical examination (IME) after applying for long-term disability benefits, the purpose of the examination is typically to undervalue or completely discredit your claim. Is any further medical treatment necessary? You consent that the law firm 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. Some of the reasons why this can happen are because: When there are differences of opinion regarding your condition, the insurance company will side with whichever report they deem the most credible. If you dont like what shows up in your IME report, there are steps you can take to counteract that bad IME. var hash = location.hash.replace("#",""); You need a lawyer who can advocate for the treatment you need. So far so good! Many make hundreds of thousands of dollars per year by sticking it to injured workers. I was lifting a. Judy Ponio is a writer and editor for the Victor Malca Law P.A. }else{ Minor complaints, such as rudeness, can be handled by sending an IME comment form to L&I at the following address: IME Provider Review L&IPO Box 44322Olympia, WA 98504-4322. careful about your next steps. or viewing does not constitute, an attorney-client relationship. jQuery("html, body").animate({ On Jan 2nd 2015 I was battered by a patient of my employer. His law firm is helpful, honest, and knowledgeable about workers' compensation and personal injury law in the State of Washington. You may have a nurse case manager assigned to help you with your claim. For additional information concerning the amended law, see. Does that sound independent to you? 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. The apartment. When all this is done, they will then prepare a medical report containing their findings. (this is a problem). Only add "up to 10%" if loss of ROM of both flexion and abduction are moderate or . Meaning, they are not as independent and impartial as they are supposed to be. I was using an electric pallet jack and the machine surged backwards, pinning my upper arm next to a beam and piece of steel. Serious job injuries are a human tragedy. Questions about hiring an attorney? Can You Still Receive Workers Comp If You Fail the Drug Test? For example, if Dr. Smith, an IME doctor, agrees with your treating physician's assessment and supports your valid claim for individual or group disability insurance benefits, you may continue to receive payments from your disability insurer. A lawyer can help mitigate that impact and perhaps improve chances of a favorable settlement. Most of the time, they use the IME doctors opinion to achieve such. As mentioned, an IME doctor is an independent third party. We respect your privacy. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? Your use of this site does NOT create an attorney-client relationship. The insurance company can also authorize your employer to accommodate work restrictions so that you can continue to work with modified arrangements, or they can also say that you need to have additional treatments before you can be considered for benefits again. Involves defense v plaintiff work riddled with tricks and traps designed to ruin your claim you still Receive workers doctor. 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