What Should Employees Expect from a Workers’ Compensation Independent Medical Examination in New York?

Lever & Ecker, PLLC December 8, 2021 Construction Accidents

Employers are responsible for the health and well-being of their employees. When individuals are injured or get sick while at work, they can qualify and apply for workers’ compensation benefits. When a workers’ compensation claim is filed on your behalf, a physician will examine your injury or illness, estimate the recovery time, and attempt to predict whether the injury will lead to permanent disabilities.

If your employer or workers’ compensation insurer desires to have another opinion, you may be asked to see another doctor and undergo an independent medical examination (IME). This process helps resolve doubts about the nature and extent of the injuries. However, there may be complications, and the employer may seek to invalidate your injuries. Having an experienced workers’ compensation attorney to help navigate the IME process is essential and can significantly change the outcome of your case.

What Is the Independent Medical Examination?

In order to make sure that your injuries are significant, work related, and require medical attention, the defendant’s insurance or attorney will request an independent medical examination (IME). These exams mainly evaluate your injuries and your disability from your job. You may need to undergo more than one examination, depending on the nature of your injuries. For example, you may need to see both a physical therapist and an orthopedic surgeon.

An IME contains vital information used in workplace injury claims to validate the individual’s injuries and necessary recovery times. The doctor will observe many actions and behaviors that may show the severity of a person’s injuries. Before undergoing an IME, one should speak with their workers’ compensation lawyer to prepare for the examination.

What Should Employees Expect from a Workers’ Compensation Independent Medical Examination (IME)?

The results of your medical examination can have a significant impact on your injury case. When you take the examination, you may feel overwhelmed and stressed by the importance of your examination, but a workers’ compensation lawyer will prepare you and help you navigate the situation. Here are a few of the many factors a physician may consider.

Your Appearance and Behavior

From the moment you enter the room until you leave, the physician will observe your behavior and actions. How you walk, stand, and the challenges you face will all be noted in the examination.

Signs of Deception

An IME doctor’s job is to look for any signs of deception or exaggeration that indicate if someone is lying or faking their injury.

Objective Manifestations of Injury

The doctor will review your previous medical results, like x-rays and CT scans, during the examination. This will help them measure and analyze your injuries and symptoms.

Subjective Manifestations of Injury

The symptoms that other people may not be familiar with unless you explain them are subjective manifestations of injury. The IME physician will test you in many ways during the examination to see if the disability or pain is consistent.

The defendant’s insurance company or attorney will choose a licensed medical professional to perform the IME. In order to qualify, the physician must have specific medical expertise and training for the specific type of injury you suffer. They may also need to have years of experience performing IMEs to qualify for the position.

Contact a New York Workers’ Compensation Attorney at Lever & Ecker, PLLC

When you are involved in an accident or other unfortunate incident in the workplace, the recovery process can be stressful. A workers’ compensation accident can cause you to suffer severe injuries and long-term disabilities. The primary focus should be on your healing, so let our award-winning New York lawyers handle the paperwork, doctors’ appointments, and preparation for your independent medical examination.

A lawyer at Lever & Ecker, PLLC can help guide you through your IME and help protect your rights. Our team, with 65+ years of experience working with clients all over New York, will be able to help with your case. We will make sure you feel confident and prepared to go into the examination.

Call (914) 350-6328 or (718) 550-6924 and fill out our contact form for a free consultation with an experienced workers’ compensation lawyer today.