Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Percentage of Loss of Use. The insurer may use evidence from the IME doctor's report against you at a workers' compensation hearing, including any statements that you make to the doctor. Coral Gables, The simple answer is: Its up to you. The cases listed are a sampling of results obtained for our clients, however, they do not represent the firms entire record and does not constitute a promise in any way of a similar outcome. Only a medical doctor (MD) or osteopathic doctor (DO) can determine that you are at maximum medical improvement for your work-related injury. Get the compensation you deserve. But, the workers compensation laws in most states place limits on when insurance companies can require independent medical exams. Whenever possible, you should make your request in writing and file a copy with the state agency in which your workers' comp claim is pending. At other times, you might opt to go with a physician of your choice with your employers consent. Usually, the insurance company requests an IME because it disagrees with a decision by your treating doctor about your course of medical treatment (especially if your doctor recommends surgery or other expensive procedures) or the extent of any permanent disability. if the IME is wrong), then going back to work could make it more difficult to collect the benefits you deserve. Another reason you should wait to resolve your personal injury claim until youre at MMI is that you will not know the value of your past medical treatment, which is a major factor in the value of your case, until youve reached that point. Here are 5 IME doctor tricks to be aware of for a claim or lawsuit: 1) they watch/spy on you in parking lots and waiting areas; 2) perform fake tests; 3) blame preexisitng conditions; 4) write selective summaries of medical records; 5) they keep sending you to mutiple examinations. Depending on how you were hurt on the job, you may have both a workers comp claim and a negligence lawsuit under tort law. There is generally no expectation of a normal physician-patient relationship during an IME. For instance, if your treating doctor has recommended surgery, is it necessary and appropriate? There are many doctors who will perform IMEs at the claimants request, then ask for payment if and when you settle your claim. 4. Hire a Motorcycle Accident Lawyer: How Much Does It Cost? The results of the IME can have a large impact on your case. Published June 21, 2022 by Trollinger Law LLC, Serving Clients Across Maryland and Washington D.C. Schedule Loss of Use Award - NYS Workers Compensation Board Independent medical examiners routinely dispute doctors treatment recommendations. Using Private Health Insurance for Your Work Injury, approve a change in your workers comp doctor, Contract Negotiations Between UPS and the Teamsters Collapse, An Update on UPS-Teamsters Contract Negotiations, HITECH Act A Way to Get Medical Records in Your Disability, Workers Comp, or Personal Injury Case, My Employer Wants Me to Use Sick & Vacation Leave for a Work Injury. So it's important to know how they work and what you can do to counter an IME report that goes against your claim or benefits. In addition, the doctor decides when you can or cannot return to work if you have a permanent disability and to what extent. Suite 1202 Whether you can return to your pre-injury job. Lets look at what actions your doctor, your employers insurance carrier, and your attorney are likely to take when youre at MMI. By continuing on to our web site you are deemed to have agreed to these terms and conditions. If you receive a denial, you can rest assured that your attorney will do everything possible to >obtain the benefits> you deserve. If you need to see an IME for workers comp, you need to be very careful. Workers' comp judges often treat IME doctors as "experts" and give significant weight to their reports. An Independent Medical Examination (IME) is an attempt to confirm - or more likely, to dispute - the treating doctor's management and care recommendations for an injured worker.. Unfortunately, the law does not specify how many IMEs the employer or insurance company can send an injured worker to during a case. 2023 Trollinger Law LLC - All Rights Reserved. in your best interests to talk to a lawyer before you go. If you dispute the statements in the IME report and cannot get the issue informally resolved, and the IME is being used against you to limit or cut off your benefits, you should consult with a workers' comp attorney right away. How to Find a Treating Doctor for Your Workers Compensation Case. Its also common for judges to see IME physicians as more objective than treating physicians, even though thats not always the case. Find out if you are entitled to compensation. Maximum Medical Improvement (MMI) is the term used by your workers comp doctor to indicate that your physical condition has stabilized and further improvement in your functional abilities is unlikely. A hearing will be scheduled, and your attorney will plead your case before the commissioner. MMI stands for Maximum Medical Improvement. If you need to see an IME, workers compor protecting your right to workers comp benefitsneeds to be top of mind, and it is strongly in your best interests to talk to a lawyer before you go. If your claim is straightforward and uncontested, you can receive benefits in as little as a week or two after reporting your injury. Workers' Comp: Am I Eligible for Permanent Disability? | Nolo Do Not Sell or Share My Personal Information. What Happens After a Workers' Comp IME? - Trollinger Law LLC The Georgia Workers Compensation Act also provides the injured worker one (1) IME of his or her own, provided that the injured employee has received workers compensation income benefits within the last 120 days. I have represented many employees whose seemingly minor whiplash injury or lumbar or cervical spine injury resulted in chronic pain and radiculopathy, and made them more likely to develop post-traumatic arthritis that required treatment when exacerbated or flared. Read: How to Find a Work Injury Lawyer Near Me. Independent Medical Examinations in Workers' Compensation Claims - Justia An attorney can help protect your interests by filing objections, scheduling a deposition to question the doctor, or requesting another examination. An IME is an independent medical evaluation that is used to resolve questions about your medical condition for purposes of a workers' comp claim. If your workers comp claim was denied, an attorney can review the IME and advise on what to do next. Dont go at it along. What happens after workers' comp IME? If the doctors do not help the insurance company, then the insurance company stops hiring that doctor. HELPING PEOPLE REBUILD THEIR LIVES AFTER INJURY. If the report from the doctor who conducts your IME matches up with your account of the accident, you have a good chance of receiving workers compensation benefits. Each case is unique and must be evaluated on its own merits. There's a lot at stakefar too much to go it alone. case or situation. Lets finish your case together. Put another way, MMI means that your recovery from your work injury has leveled and you are as good as you are going to get. Copyright 2023 Corey Pollard | Virginia Workers Compensation Lawyer & Social Security Disability Attorney in Richmond, VA, Reaching Maximum Medical Improvement (MMI) for Your Work Injury, Learn How MMI Affects Your Workers Comp Case. Generally, these IMEs are valuable to the employee as it provides an alternative to the employer directed medical care. Insurance companies will often stop paying workers compensation benefits once an IME clears an employee for work as welland this can put injured workers in a very challenging situation. Super Lawyers selects attorneys using a multiphase selection process that includes peer nominations and evaluations of peer recognition and professional achievement. That doctor will then refer you to an orthopedic doctor, who will become your treating physician for the workers comp case. In this situation, there's good reason to question the impartiality of these doctors, who receive their payment from the insurance companies and often rely on them for referrals. Therefore, before going in, it's important to understand what an IME is, how to prepare for it . Thus, these physicians, most often than not, give evaluations that favor insurers. If you need to see an IME, workers compor protecting your right to workers comp benefitsneeds to be top of mind, and it is. Below, we discuss what will happen immediately following your IME and how to go about pursuing an appeal if your claim was denied. Can You Still Receive Workers Comp If You Fail the Drug Test? I have been off work for 7 months with a spinal injury. What Is An IME And How Does It Affect A Work Comp Case? Because workers' compensation benefits are only available to those who have sustained an injury at work or while . 2. Find Out What Happens After You Reach Maximum Medical Improvement. Home / Workers Compensation Lawyers / What Happens after a Workers Comp IME? Always watch what you say and how you act. Ive represented many injured employees whose symptoms worsened and who needed surgery after their doctor told them they had reached MMI. The physician who conducted your IME will be sending their findings over to the insurance company for review. During the IME, a doctor will examine you and your medical records to confirm your injuries and their cause. When you reach MMI, you may be offered a settlement that can take two forms: A lump-sum settlement. But if there's a dispute with your employer's insurance company about any of these issues, you may be asked to undergo a medical evaluation with another doctor who isat least in theoryneutral. Has your condition been correctly diagnosed? Your demeanor can greatly impact a doctors assessment of you, so you want to make as good of an impression as possible. This is because workers compensation judges and commissioners see IME doctors as experts. 4. It is supposed to cover the treatment you need and whether youll be able to work in the future. In either case, your doctor should provide a comprehensive diagnosis and prescribe a treatment plan that gets you back to work as safely and quickly as possible. Unfortunately, in most cases, you do. The appeals process is relatively straightforward. By Serena Lipski | Updated by E.A. These IMEs may include testing, physical or psychiatric examinations. What happens when you go for an IME evaluation for workers comp? Of course, this is easier said than done, and this is why it is important to talk to a lawyer who can give you specific strategies and advise you one-on-one. Of course, this is easier said than done. However, every case is different and the presiding judge has the power to give weight to whichever medical opinion is more persuasive to him or her. We will closely monitor the IME process and ensure the result does not favor your employer and their insurer. If so, what sort of treatment? IMEs & Workers' Comp Cases: What You Need to Know | KK&O The simple answer is that IME doctors arent always right. The simple answer is that IME doctors arent always right. My doc requested surgery, IME doc says no surgery, more conventional treatment. The questions that might be asked include: You should ask to review any letter sent to the IME doctor by the insurance company. What Happens After a Workers' Comp IME? - Ricci Law Firm Injury Lawyers The Workers' Comp Process: From Filing to Settlement | Lawyers.com Your lawyer will protect your interest, file an objection, schedule a deposition to question the doctor, or request another examination. What Is An Independent Medical Examination (IME)? - KBG Injury Law After finding out that you are at MMI, your attorney should send a letter to your doctor explaining how permanent partial disability is evaluated under workers compensation law and requesting an evaluation and disability report. What to Expect from Your Doctor When You Reach MMI, What to Expect from Your Attorney When You Reach Maximum Medical Improvement: Understanding the Relationship Between MMI and Permanent Partial Disability, Your Attorney Will Ask the Doctor for an MMI Report and Permanent Impairment Rating, If Needed Your Attorney Will Hire Expert Witnesses to Get All the Information Necessary to Calculate a Fair Settlement Value, If Necessary Your Attorney Will Help You Pursue Additional Benefits, Your Attorney Will Discuss Whether Settlement Makes Sense When Youre at MMI and, If So, Start Negotiations with Your Employer and Its Insurance Company, What to Expect from the Employer and Insurer When Your Doctor Puts You at Maximum Medical Improvement. I dont recommend this option, however, unless you have medical evidence from a health care provider that contradicts your treating physicians opinion that you are at MMI. Fortunately, there are some strategies that injured workers can use to protect themselves when going for an IME evaluation for workers comp. What Not To Say To A Workers' Comp Doctor During An IME in 2022 The results of the IME can seriously impact your disability claim. Please refresh the page and try again, Getting Medical Treatment in Your Workers Compensation Case, role of treating doctors in workers' comp cases, How to Handle Your Workers' Comp Independent Medical Examination, Do Not Sell or Share My Personal Information. However, as Baltimore workers compensation lawyers, weve seen that disputes can arise on the state of your health during the claims process. The injured employee must provided advance proper notice of the IME. That way you can correct any factual mistakes and make sure that the questions asked are appropriate in your case. Whether you have permanent restrictions that limit you to light duty work for the rest of your career. This helps determine the amount of compensation you may need. The report will likely be framed to respond to the disputed concerns or questions asked by the insurance company. What Is An IME In Workers' Comp Case | Ankin Read on to find out. In my experience the five most common actions taken by employers and their insurance companies when employees reach MMI are: 1. When going against insurance companies and your employer, it is best to work with Baltimores best workers comp attorneys. Your injuries are. If you disagree with the IME physicians report, you may be able to challenge it. Your attorney can also start preparing to dispute the IMEs report (as this will most likely be necessary); and, after the appointment, your attorney can deal with the insurance company on your behalf. . So you have to go. Click here to read more. 2) Refusing light duty work. The Commission only approves changes in doctors in limited situations and you have the burden of proving a change is necessary. And depending on the date you last received wage loss benefits under an Award Order and the applicable statute of limitations, you may be eligible for additional wage loss benefits if you have to go back out of work. Call (252) 888-6912, select your own appointment date/time, or fill out the form to schedule your free consultation. Is It Time to Speak with a Work-Related Injury Lawyer? Who Decides That I Have Reached MMI for My Work Injury? The State Board of Workers Compensation should give the authorized treating physician some deference as he or she has been treating the injured worker for a longer period of time. When you have a work comp case because of a work-related injury or illness, your treating physician decides the treatment you need. Depending on the rules in your state, you may also have the right request an IME when you disagree with your treating doctor's opinionsin which case you will usually be able to select the evaluating physician. However, if you notice a factual mistake with the report, you should write a statement to the insurer and the doctor. The Georgia Workers Compensation Act does provide the employer or insurance carrier the power to compel an injured worker to an independent medical examination (IME) by a physician of the employer or insurance carriers choosing. By law, youll be required to do so if you hope to have your claim approved, as the insurer will be within their legal rights to deny your claim for such a refusal. If you are like many injured workers, you might have questions about the IME process for workers compensation. The attorney listings on this site are paid attorney advertising. I have found Jason to be honest and hard working. Usually an orthopedic doctor will (1) refer you to a physiatrist or pain management if there is nothing more to offer you from an orthopedic standpoint and (2) recommend that you undergo a Functional Capacity Evaluation (FCE) to determine your permanent restrictions from the work injury when you reach maximum medical improvement. Also, an attorney is used to dealing with insurance companies and can detect when they are acting in bad faith. If you are receiving workers' compensation benefits, the insurance company cannot stop your weekly benefits or stop paying your medical bills if you refuse to go to an IME, unless you have been ordered to attend an IME by a workers' compensation judge. The nature of your injury or illness will have the biggest impact on how long it takes. This form requires you to report if you had any other job or received any other wages during the time you have been receiving workers' compensation benefits. During the examination, the doctor will likely start out by asking you how your injury happened, what your relevant medical history is, and the course of your treatment so far. The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. Your employer and its insurance carrier will have an opportunity to respond. If the employer offers the injured worker tasks that are in compliance with the doctor's work . When Youre at MMI, an Attorney Can Help You Maximize Your Workers Comp Claims Value. While it might be okay for you to return to work, it also might not. An IME can be a crucial part of your personal injury claim or lawsuit. Does MMI Apply to Personal Injury Claims? Print Navigating the workers' compensation system can add even more discomfort to a painful work injury. Likewise, insurance adjusters may also be watching you. For many of you, MMI does not mean that you have recovered completely and are back to normal. When you file a workers' compensation claim after a work-related injury, you may be asked by your employer's workers' compensation insurance carrier to undergo an Independent Medical Examination (IME).An IME can have a significant impact on the outcome of your workers' compensation claim. Start vocational rehabilitation with the hope that a) the counselor will find a job within your restrictions, which will decrease the insurance carriers financial exposure or b) you will refuse to cooperate with vocational rehabilitation, which will serve as a basis to cut off your wage loss benefits. Prev Post Next Post After submitting a long-term disability claim, you may be asked to endure an independent medical examination (IME). In others, the doctor will be randomly selected from a list. Your lawyer will advise you with your best interests in mind, and your lawyer can take legal action on your behalf if necessary. The Georgia Workers' Compensation Act does provide the injured worker one IME of his or her own, provided that the injured employee has received workers' compensation income (or indemnity) benefits within 120 days. Whether the IME doctor acts nice or acts like a jerk, it doesn't matter. After the IME This report from your doctor should include: Some treating physicians refuse to do impairment ratings or medical cost projections when you reach MMI, even though they are otherwise supportive of the claim. I help injured employees throughout Virginia, including those in Richmond, Chesterfield, Henrico, Bristol, Abingdon, Roanoke, Harrisonburg, Winchester, Fairfax, Manassas, Fredericksburg, Newport News, Williamsburg, Norfolk, Virginia Beach, and Chesapeake. 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? After an independent medical examination, your report will be shared with the insurance adjuster. 2 What is Maximum Medical Improvement (MMI) and What Does It Mean? However, if an injured worker receives . If you need to go to an independent medical exam, your attorney can explain what you need to say, what you should not say, and what you should do once the appointment is over. . When the insurance carrier denies a Workers' Compensation claim, the injured worker will receive a First Report of Injury (FROI) form. The "Independent" Medical Exam (IME) - Anything But! I'm going to gather that you have difficulty sleeping, probably as a result of your work injury. Also, support it with your medical records, and get your workers compensation lawyer involved. When is the right time to settle my case? What is an IME & What To Expect After | Frommer D'Amico We are here to help, so give us a call as soon as the IME is requested. I hope this information helps guide you during this important time. PA workers' compensation law states that employers have the right to require that injured workers be evaluated by a physician of their own choosing at any time after a workplace accident. Awards do not apply to all of the lawyers of the firm. If the IME report does not align with your account of your injuries and how you acquired them, your workers compensation claim could be in jeopardy. 2023 Pinder Plotkin LLC | All Rights Reserved | Privacy Policy. In some states, the insurance company picks the doctor. IME Doctor Tricks To Be Aware Of - Michigan Workers Compensation Attorneys Most times, your employer would ask you to use a physician they choose. Request that the doctor clarify his or her report through an addendum. If an independent medical examiner says that you are ready to go back to work but you are concerned this might not actually be the case, there are some steps you should try to take as soon as possible. Huge federal court win by Dabdoub Law Firm for a liver transplant surgeon! You may have some change in your treatment and disability status over time, but no significant improvement or worsening of your condition is expected. Lawyer Marketing & Web Design by SEO Advantage, Inc. In summary, an IME takes place in Baltimore when: Ordinarily, an IME is supposed to be an objective assessment of your medical condition. Your interest is our priority, so contact us today for a free case review with one of our attorneys. Do You Need Free Workers Comp Legal Advice? First, the doctors is not on your side. Injured on the job? When your employers workers compensation provider requests an IME, they seek proof of your injuries and how you got hurt. But the truth for many of you is that the settlement process is just getting started when you reach maximum medical improvement. If the report states that you should be taken off work while receiving this treatment, you are eligible for wage replacement benefits (TTD, which is 2/3 of your Average Weekly Wage) until the authorized treating physician releases you from treatment or to return to work. 1 MMI in Workers Compensation 1.1 Did Your Doctor Tell You That You've Reached MMI For Your Work-Related Injury? For more information about criteria for inclusion in the Top 40 Under 40, Super Lawyers, the AVVO ratings, Million Dollar Advocates Forum, and Multi-Million Dollar Advocates Forum see WWW.SUPERLAWYERS.COM, WWW.JUSTICE.ORG, WWW.WILG.ORG, WWW.BBB.ORG,WWW.AVVO.COM, WWW.THENATIONALTRIALLAWYERS.ORG, WWW.BIANC.NET, WWW.NCLAWSPECIALISTS.GOV, WWW.NCAJ.COM, WWW.MILLIONDOLLARADVOCATES.COM, WWW.BESTLAWFIRMS.USNEWS.COM. Do I Have To Go Back to Work When an IME Doctor Disagrees with My Doctor? Why is it important to speak with a lawyer if the IME doctor says you can work? We've helped 265 clients find attorneys today. Having an attorney on your side can make all the difference in the outcome of your claim. Greenville Personal Injury Attorney All Rights Reserved, Workers Compensation for Remote Employees, free consultation with a North Carolina workers compensation lawyer, Workers' Compensation for Remote Employees. The purpose of this examination is to clear up any inconsistencies regarding your claim. These IMEs may include testing, physical or psychiatric examinations. One of the most important steps in a Maryland workers compensation claim is the independent medical examination (IME). Lost wage benefits only: If the employer provided light duty work for an injured worker, the injured worker must accept this light duty assignment so long as it is in line with the doctor's work restrictions. If this happens, you should immediately contact a workers' compensation lawyer. Message Offers FREE consultation! When you have a work comp case because of a work-related injury or illness, your treating physician decides the treatment you need.

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