You may need to undergo an independent medical examination
(IME) as part of your workers' compensation claim. The following are tips on
what to do at every stage of the process.
Before
Prepare for your IME so that it doesn't weaken your case.
The following preparation tips can help.
Understand the Process
Research and know what to expect during your IME, especially
if you have never had one. You should know:
- Who
will be there
- What
questions the doctor may ask
- How
long the examination is likely to take
The knowledge will help you avoid surprises that might
upstage you during the examination.
Groom Appropriately
People instinctively judge each other based on appearances.
You want the examiner to get the best impression of you during the examination.
Not only that, but your dressing should also match your injury. For example,
the examiner might doubt your sprained your painful ankle claim if you arrive in
high heels. Work on your grooming for the big day.
Free Up Your Calendar
The IME helps both you and the defendant. You can weaken
your case if you refuse the IME or arrive late for the appointment. Free up
your calendar for the appointment and arrive adequately early. Early arrival
also allows you to rest well before the examination commences. Ensure plenty of
for the appointment so that you do not need to cut it short, either.
Refresh Your Memory
Human memory is fickle, so you should not rely on your memory
to remember everything about your accident. Review your documents, medical
records, journal, and everything related to your injury and treatment. That
way, you will have the facts at your fingertips during your IME.
During
Thorough preparation is a good start, but you still have
some work cut out for you during the examination. The following tips can help
once the examination is underway .
Be Honest
Medical examiners are professionals with adequate experience
in their work. They will spot your lies a mile away. The examiner and defendant
will doubt most of your claims if they catch you lying. Therefore, you should
be utterly honest with your answers. Resist the temptation to lie even if you
think the right answers can hurt your case.
Be Polite
Do not antagonize the medical examiner even if their
questions infuriate you. Be polite with all your answers and mannerisms. You
can ask for clarification, defer the examiner to your lawyer, or even decline
to answer improper questions. However, disrespect towards the examiner will not
serve you in any way.
Keep Your Answers Concise
Keep your answers short and accurate. You might confuse your
statements if you give long-winded answers. Just answer the examiner's
questions as clearly and concisely as you can.
After
You still have some work to do after the examination. Below
are further tasks to do after your IME.
Write Down the Major Points
Immediately after the examination ends, write down what you
remember from it. Write down things like standout questions and the duration of
the examination. You and your legal counsel can use the notes later on to
evaluate the authenticity and fairness of the examination.
Get and Review the Report
You should have a copy of the actual IME report - you should
not rely on the insurance adjuster's interpretation of the report. Request your
copy and thoroughly scrutinize it. Check if the report matches your view of
your injuries and limitations.
Challenge the Relevant Parts
You reserve the right to challenge the examination and its
report if you don't agree with it. For example, you can challenge an extremely
short examination that fails to capture your limitations. You can also
challenge the report if it contains errors that can hurt your case. Your lawyer
will help you lodge an official challenge.
The Law Offices of James B. Gillespie, Jr., PLLC, has
extensive experience with worker's compensation claims. We can help you deal
with your IME and challenge any misconceptions the report might produce. Contact usfor a consultation
to determine the way forward for your case.
