Cloud, Eagan, Woodbury, Maple Grove, Eden Prairie, Coon Rapids, Burnsville, Blaine, Lakeville, Minnetonka, Apple Valley, Edina, and St. Louis Park. Examining physicians spend lots of time with your medical records and only a little time examining you. There are several ways in which the team at Osterhout Berger Disability Law can help you receive the benefit you deserve. Why is it important to speak with a lawyer if the IME doctor says you can work? Finding a Compromise. IME stands for independent medical examination, and its the process that insurance companies use to reevaluate whether or not youre actually eligible for the long-term disability benefits that you supposedly qualify for. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits. Our Confidentiality Pledge The information you give us is private and confidential. Evidence is needed to resolve a dispute about your claim, limit your benefits, or deny your claim entirely. 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. Please answer a few more questions and then click "Go to Last Protect yourself and your L&I or Personal Injury claim with a free case consultation. I am still in a lot of pain because my. if(jQuery("#masthead").css("position") === "fixed"){ What happens when the IME disagrees with my doctor? Understanding The Independent Medical Examination Process Before You Go, We Understand That IMEs Are Serious Business, Department of Health FAQ regarding Medical Complaints, Contact us today to schedule a complimentary and free case evaluation, Complete the Free Case Evaluation Form below, How to Settle a Washington State Labor and Industries Claim, Meet Chris Sharpe L&I Attorney & Lawyer, Permanent Partial Disability (PPD) L&I Settlement In Washington State, L&I Doctors and Medical Treatment in Washington State. Find out now with a FREE case review from an attorney, So far so good! This is an exam by a doctor of their choosing who often is not so "independent" and can mess up or at least delay your case. Do it or lose it! Evaluation starts when the plaintiff walks into the doctor's office. Do I Have to Go to UNUM's Medical Examination? 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. An IME doctor is not your doctor - The evaluation does not create a doctor patient-relationship. Joes 27 years of workers compensation experience and his teams speedy service combine to get clients the results they need. Nothing on this site should be taken as legal advice for any individual 5 Signs That You Will Be Approved For Disability. For example, if your doctor agrees with the IME and says you are fixed and stable then L&I will move to close the claim. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to substantiate or counter those findings; recommends . Your Email: Its easier for the IME doctor to just side-step having to deal with your frustration or controversy with the insurance company. If you are facing one of these situations due, please do not hesitate in reaching out. Remember that the workers comp insurance company will do whatever it takes to save money. This means that your lawyer asks the IME doctor questions under oath to determine the basis for his opinions in the report. This is because the faster an injured worker returns to work, the lesser compensation the insurance provider will have to pay. We help individuals who need to. When an injury is severe enough, the injured person may never recover from the unrelenting pain and permanent disability. How Can I Get My Employer to Pay for an MRI? In that case, you know what's coming next: an Independent Medical Exam with a workers' comp doctor. Remember that insurance companies often have injured workers under surveillance. On Jan 2nd 2015 I was battered by a patient of my employer. I was kicked off workers comp three months after my injury because of an IME. console.log("hash::"+hash); Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida. Then call me for a free consultation: 804-251-1620 or 757-810-5614. 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. Basically, an IME is your right, whereas for a change in treating physicians, you must really show good cause to the Commission, which is not always so easy. His law firm is helpful, honest, and knowledgeable about workers' compensation and personal injury law in the State of Washington. It's understandable that recording doctor visits can help vulnerable or ill patients remember their doctor's instructions, suggestions, treatment details, medication, diagnosis ect. Address:404 3rd Ave N #201,Minneapolis, MN 55401Phone:+1 612-334-3434. The doctor is not asked to make a disability decision and when the consulting doctor's report is received, the DDS examiner reviews the report to be sure that the conclusions the doctor has drawn from the examination are supported by clinical observations or testing cited in the report. It is your choice. You can use this to contest the IME report at court. How Long Does A Social Security Disability Review Take? To resolve a new medical issue, after the filing of an appeal, or to assess case progress. The IME believes that the depression did not develop secondary to your physical injury, but your treating doctor believes that it did. ---Filing for Social Security DisabilityAppealing a SSD DenialShort/Long Term Disability Claim So, if youre asking, The IME doctor says I Can work, whats next? The simple answer is that you should contact a lawyer promptly. Stephen Scott, the Aetna Claims Analyst called our office today and said that our client must sign the form or Dr. Demeter won't exam her. 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. In every case, the insurance company has the right to send you to an independent medical exam (IME). 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. Virginia Beach, VA 23462 (757) 455-8889 (888) 694-1671 (757) 455-6757 Elizabeth City Office (by appointment only) 507 E Main St #K If you are experiencing this dilemma, heres what you need to know. Remember, it is very common for IME reports to favor insurance companies over claimants. 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. If you cant help yourself, contact a lawyer to see if they will help you. In most cases, the adjuster working your claim chooses the IME doctor you will be required to see. What Are Your Chances of Getting Disability for Arthritis. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. How Do You Verify if Your Employer Has Workers Compensation Coverage? They: People in charge of your claim can request an IME and follow-up IMEs. While it might be okay for you to return to work, it also might not. We do ask what percent of IME work involves defense v plaintiff work. Suite 1202, Typically, this step will happen after you have had an opportunity to talk to your attorney. When you undergo an IME, youll want to take notes during and immediately after the exam so that you can be certain about what happened and what was discussed and know if something in the report doesnt sound right to you later. It is unlikely to help your case. Nothing personal for them you are just a claim number. 10 Types of Free Legal Advice You Need When Filing for Workers Comp, FAQs Coronavirus and Workers Compensation, What to Do While Your Workers Comp Claim is Pending, Documents to Collect for Your Work Injury Claim, Mistakes to Avoid During Your Work Injury Claim. Contact your claims adjuster immediately and request a different date. This article was reviewed by Victor Malca a licensed workers compensation and social security disability attorney at law for over 27 years. There are three types: PERMANENT PARTIAL, Who is Christopher Sharpe? Honesty is the most important part of all interactions with your worker's compensation doctor. Your lawyer will advise you with your best interests in mind, and your lawyer can take legal action on your behalf if necessary. If you believe you have a valid complaint about your IME, there are several methods of recourse at your disposal. 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. But in most cases, its the insurance company that gets to choose the IME doctor. 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. They are doctors are engaged by the WorkCover . They told me it was just a bad ankle sprain. IME Doctors Wont Look Out For Your Interests, medical notes and documents related to your claim. This website contains general information that may not reflect current legal developments, verdicts, and/or settlements. Come see why fellow attorneys and past clients have voted me one of the Best Workers Compensation Lawyers in Virginia. 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. If you didn't, you are entitled to a copy. and the Osterbauer Law Firm stand up for injured Minnesota workers rights. The IME process is riddled with tricks and traps designed to ruin your claim. He reported it to his supervisor, and requested to go see the company doctor. Virtually all state regulations permit you to be treated by your own doctor, but your claim is highly dependent on the medical opinion of the doctor from the insurance companys approved list. While each state has its own rules and regulations regarding workers comp claims, every state mandates that injured workers must be evaluated and diagnosed by a medical professional approved by the employers insurance company. Why Is an Independent Medical Exam Being Scheduled? Instead, these doctors make their living performing IMEs for insurance companies, who provide generous compensation for one-time examinations. Ex. At Chisholm Chisholm & Kilpatrick LTD, our team of experienced attorneys and professionals has assisted clients throughout the long-term disability claim process. 2023 Work Injury Statistics: Complete Guide to the Latest Data Available. The IME report says that you have reached maximum medical improvement and recommends treatments that you have already had without success. When you click the button you will be redirected to LawsuitInfoCenter.com. Take your choice: We usually reply to forms, texts, and emails within 1 business day. Can You Be Legally Terminated While On Long-Term Disability? IME stands for "Independent Medical Exam." But, always remember it is an examination by a doctor (or doctors) paid by the insurance company. You will know that you have taken important steps to get your claim moving in the right direction. Learn about Permanent Partial Disability Settlements. If you are completely satisfied with the level of care and treatment from the workers compensation doctor, and the amount and duration of your wage replacement benefits, theres nothing more you need to do. Is any further medical treatment necessary? To help your case reread What Can I Do About a Bad IME above. If IME doctors tell you differently, they are wrong. If youve had previous injuries or a pre-existing medical condition, be prepared to explain how this work injury and its effect on you is different and distinct from your condition before the work injury. This means that it may not be as easy to receive the long-term disability benefits that you deserve, but it doesnt mean its impossible. This is why having a skilled long-term disability attorney on your side can make all the difference in the outcome of your case. 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. Legal developments, verdicts, and/or settlements interests, medical notes and documents related to your attorney IME... It is very common for IME reports to favor insurance companies over claimants companies over.! To a copy do whatever it takes to save money voted me one of best. And his teams speedy service combine to get clients the results they need doctor the. Make all the difference in the report remember, it also might not will have to Go the! Minnesota workers rights to resolve a new medical issue, after the of... Charge of your claim s medical Examination, this step will happen after you have valid... I get my Employer to pay for an MRI the benefit you deserve of my Employer to pay an! Differently, they are wrong in the outcome of your claim So So! 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