Independent Medical Exams In Harrisburg Workers’ Compensation Cases: What Injured Workers Need To Know
If you’re receiving workers’ compensation benefits in Harrisburg, there may come a point when your employer or their insurer requests an Independent Medical Exam (IME). The term “independent” suggests neutrality, but workers’ comp insurers often hire the doctors who conduct these exams. Our Harrisburg workers’ compensation lawyer explains what you need to know about IMEs, how they impact your rights to benefits, and what you can do to protect yourself.
What Is an Independent Medical Exam (IME)?
Workers’ compensation benefits in Harrisburg help offset lost earnings and medical expenses resulting from work-related injuries. Undergoing an Independent Medical Exam is often part of the process and is frequently requested by employers and workers’ compensation insurers.
Under Pennsylvania Workers’ Compensation Act Section 314, employers have the right to have an injured worker examined by a physician of their choice. These exams are used to:
- Assess the extent of your injuries;
- Determine whether your condition has improved;
- Evaluate whether you can return to work;
- Provide a second opinion that could justify stopping or reducing your benefits.
Physicians who conduct IMEs are not there to treat you but only to evaluate your condition and how it impacts your ability to work. As the insurance company pays for the IME, doctors are often biased in their assessments.
How IMEs Can Impact Your Case and What You Can Do
If the doctor hired by insurers to conduct the IME says you can return to work, the insurance carrier may try to deny benefits, even if your own doctor disagrees with their assessment. While this may seem unfair, attending an Independent Medical Exam is not optional.
IMEs are typically scheduled once every six months, and refusal to attend could result in the loss of your workers’ compensation benefits. To protect your rights throughout the process, follow these tips:
- Document your symptoms in writing before the exam;
- Request permission to bring a friend or family member who can act as a witness;
- Be honest about your condition and avoid exaggerating or downplaying your pain;
- Avoid discussing other medical issues not pertinent to your claim;
- Get legal counsel both before and after the exam;
- Avoid signing any documents without having your lawyer look over them first.
Our experienced Harrisburg workers’ compensation lawyer can review the IME report and challenge any unfair findings through medical evidence, cross-examination, or testimony from your treating physician. This can be crucial if your benefits are denied or disputed.
Scheduled For An IME? Contact Our Experienced Harrisburg Workers’ Compensation Lawyer
At Ira H. Weinstock, P.C., we understand how intimidating it can be to face a doctor who may be looking for reasons to cut off your benefits. Our Harrisburg workers’ compensation lawyer has extensive experience dealing with Independent Medical Exams and knows the legal tactics insurers use to deny or reduce claims.
If you get scheduled for an IME in Harrisburg or if your benefits are otherwise at risk, our office is here to help. Reach out and call or contact us online to request a consultation today.
Sources:
palegis.us/statutes/unconsolidated/law-information/view-statute?SESSYR=1915&SESSIND=0&ACTNUM=0338.&SMTHLWIND=&CHPT=003.&SCTN=014.&SUBSCTN=000.#:~:text=Section%20314.,paid%20for%20by%20the%20employer.
pa.gov/agencies/dli/programs-services/workers-compensation.html
