Can Employees Refuse an IME?

If you have been injured while on the job, you may be eligible for workers’ compensation benefits. There are many requirements you must fulfill when filing a claim, though, and attending an independent medical examination (IME) may be one of them. Receiving notice of an IME is alarming for many reasons. Below, our Lehighton workers’ compensation lawyer explains what these are, and whether you have the right to refuse one.

What is an Independent Medical Examination? 

An independent medical examination is conducted by a doctor who has not treated you in the past and does not have a previous relationship with you. The IME will not provide treatment for your injuries but instead, they will conduct a full examination to report back to the insurance company. The doctor is paid by the insurer. The doctor will conduct a physical examination, review your medical history, and assess the scope and severity of your injury.

If the findings of the IME doctor are the same as your own doctor, it can actually strengthen your workers’ compensation claim and help you get benefits. On the other hand, if the IME doctor’s opinion is different from your own doctor’s, it could pose additional challenges. If you have received notice of an IME, it may mean the insurance company is planning on challenging your treatment or benefits. You should speak to a workers’ compensation lawyer any time you receive notice of an IME.

Can You Refuse a Request for an IME? 

You have the right to refuse a request for an IME, but it is not generally in your best interest. Under state law, insurance companies can ask that you attend an IME as part of the workers’ compensation claims process. You must provide a valid reason if you choose to deny it. If you refuse, the insurance provider can still petition the court to force you to go. Before refusing to attend an IME, you should always speak with a workers’ compensation lawyer.

Consequences of Refusing to Attend an IME

 If you refuse to attend an IME, you could face significant consequences. The insurance carrier might view the refusal as a sign that you are unwilling to follow the necessary procedures, or that your injuries are not as serious as you claim. As a result, they may deny your benefits altogether or they might stop providing you with benefits if you have already received some. Unless you have a valid and urgent reason to refuse, you should always attend an IME. Even if you do have a legitimate reason, you should communicate the issue with the insurer as soon as possible.

Our Workers’ Compensation Lawyer in Lehighton Can Help You Claim Benefits 

If you have questions about your workers’ compensation claim, or you have been notified about an IME, you need legal help. At The Law Office of Kim M. Gillen, P.C., our Lehighton workers’ compensation lawyer can provide it so you obtain the full benefits you are entitled to. Call us now at 484-613-0011 or contact us online to schedule a consultation and to get the help you need.

Source:

legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=1915&sessInd=0&smthLwInd=0&act=0338.