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Table of contents
- What Is an Independent Medical Examination?
- Why Would You Be Sent for a Workers’ Comp IME in NJ?
- What Happens During the Exam
- Tips for Attending an IME in New Jersey
- How an IME Can Affect Your Claim
- Local Support Across New Jersey
- Attorney Spotlight – Gary Adams
- Frequently Asked Questions
- Talk to a New Jersey Workers’ Compensation Attorney
Attending an independent medical examination (IME) for your workers’ compensation claim in New Jersey can greatly affect your case, whether it be positively or negatively. It is helpful to know what to expect with an IME.
New Jersey workers’ compensation lawyers at Pellettieri Rabstein & Altman, represent injured workers across New Jersey in workers’ compensation matters. We have extensive experience in guiding our clients through the process of independent medical examinations.
What Is an Independent Medical Examination?
An IME is a medical evaluation performed by a choice of doctor paid by the workers’ compensation insurance carrier for the evaluation. This can be vastly different from an evaluation by your treating doctor. The purpose of the IME is for the insurance company to receive a second medical opinion in the case as to the extent of the worker’s injury, and whether the worker’s condition is related to their work.
IMEs are conducted by doctors hired by the insurance company to write a report to be used in the claims process. This report can be used to dispute medical treatment, reduce the amount of compensation to which you are entitled, or even deny a claim. It is very important to be prepared and represented at your IME.
Why Would You Be Sent for a Workers’ Comp IME in NJ?
There are a variety of reasons that the insurance carrier may schedule a workers’ comp IME in NJ.
- Verifying the nature and extent of your injury
- Confirming whether your condition is actually work-related
- Assessing whether you’ve reached “maximum medical improvement” (MMI)
- Evaluating your percentage of permanent disability
- Determining whether continued treatment is medically necessary
- Investigating suspected inconsistencies in your claim
What Happens During the Exam
Most IMEs follow a similar structure:
- First, check-in and complete any paperwork that is required, typically a medical history questionnaire.
- Interview: The physician will discuss your accident, your current symptoms, prior injuries and limitations that you are currently experiencing.
- Physical examination: They check for things like your range of motion, your strength, your reflexes, and even check any prior imaging and/or medical records that you have.
- Duration: The length of the examination varies depending on the injury and medical specialty.
- The report: The IME doctor writes up a report of their findings and sends it to the insurance carrier. This report can determine if you continue to receive benefits, have them reduced, or have them cut off altogether.
Tips for Attending an IME in New Jersey
- Just report your symptoms truthfully and consistently, don’t exaggerate them or make them up.
- Write down all of your current symptoms as well as any current treatments. Describe how your injury has affected your daily life and work.
- Avoid volunteering unnecessary information beyond what’s asked.
- Record the details of your medical exam including the length of time of the exam, the tests and procedures conducted, and the questions asked.
- Always inform your lawyer. Having legal representation throughout the IME process can help protect your rights.
How an IME Can Affect Your Claim
Your benefits can be lessened or your claim denied due to a poorly handled IME. If the insurance company’s chosen doctor for the IME determines that you have reached maximum medical improvement prior to your treating physician’s determination of MMI, or if he or she awards you a low permanent partial disability rating, your settlement and ongoing benefits can be affected.
Disputes over IMEs are very common in workers’ compensation cases in New Jersey. Our Supreme Court Certified Workers’ Compensation Attorneys deal with these situations on a regular basis.
Local Support Across New Jersey
Pellettieri Rabstein & Altman has represented injured workers throughout New Jersey since 1929, with offices conveniently located in:
Our Workers’ Compensation Attorneys can meet with you in person, on the phone, or via video conferencing to discuss your IME notice and go over what to expect.
Attorney Spotlight – Gary Adams
Independent Medical Examinations can play a very important role in a Workers’ Compensation claim. It is very important for the Injured Worker to know what to expect at the time of the appointment. Gary E. Adams is the Managing Partner and Chairman of the Workers’ Compensation Department at Pellettieri Rabstein & Altman. He is the Managing Partner of the law firm and for the last twenty-five years he has represented Injured Workers and Union Members in their fight for just benefits following a work place injury. He is also certified by the New Jersey Supreme Court as a Workers’ Compensation Trial Attorney, handling matters involving workplace injuries and related workers’ compensation issues as well as workers’ compensation appeals.
Gary E. Adams, Managing Partner and Chairman of the Workers’ Compensation Department at Pellettieri Rabstein & Altman, has decades of experience with the processes involved in medical examinations, including the impact that the reports generated from these examinations can have on an injured worker’s benefits. Mr.. Adams and the workers’ compensation attorneys at Pellettieri Rabstein & Altman can explain the IME process to individuals scheduled for an examination and assist them in preparation for their scheduled appointment, protecting their interests throughout the case.
Frequently Asked Questions
Q: Do I have to attend an independent medical examination in NJ?
A: In general, yes. Workers’ compensation claimants who are receiving benefit payments are required to attend scheduled independent medical examinations. However, claimants also have rights and an attorney can protect those rights and ensure that claimant’s interests are protected in scheduling and conducting the IME.
Q: Can I bring someone with me to the IME?
A: Policies differ from examiner to examiner. Typically, however, an individual can bring a family member, friend or representative with them to the IME. The specific rules should be inquired about by the individual and his or her attorney prior to the scheduled appointment. IMEs differ from regular medical treatment. The purpose of an IME is to evaluate a worker’s condition for an insurance carrier. The doctor will report his or her findings to them, not treat you for an on-going medical problem.
Q: Can I challenge an Independent Medical Examination if it was unfair?
A: In many cases, an independent medical examination can be challenged. Your workers’ compensation attorney can present the report of your treating physician(s), as well as other medical evidence to dispute the findings of the IME. Such disputes are typically resolved by a hearing before the New Jersey Division of Workers’ Compensation.
Q: How long does it take for the injured worker to be scheduled for an IME?
A:That can vary depending on the circumstances but often occurs within a few weeks to a few months of the worker’s return to work and ongoing treatment of their injuries.
Talk to a New Jersey Workers’ Compensation Attorney
Many injured workers from all parts of New Jersey are represented by the workers’ compensation attorneys at Pellettieri Rabstein & Altman in their independent medical examinations. We know how frightening an IME can be, especially when the IME is paid for by the insurance company with a stake in lessening the value of the worker’s claim for benefits.
Our lawyers, who have been handling workers’ compensation cases in NJ for decades, know the games that insurance companies play and how to counter them, when necessary.
Use the online contact form for a free consultation with a NJ Workers Compensation lawyer. Our Workers’ Compensation Attorneys will fight for you to get what you deserve.
