Workers Comp Information
Doctor examination
1) Do I have to be examined by a doctor recommended by the workers’ comp insurance company to get my benefits?
Yes. If you claim that you are entitled to receive or are receiving benefits under the workers' compensation act in your state , the workers’ comp insurance company is entitled to have you examined by a doctor of its own choosing, at a reasonable time and place. This is known as an “Independent Medical Examination.”
This examination is done by a physician who receives substantial compensation for his/her evaluations and medical reports, and therefore might be inclined to favor the insurance company and not your best interests. The IME doctor is not your friend. It is a good idea to consult a lawyer before attending one of these required exams.
Make notes right after the exam about how long the exam took, what the doctor asked you, what the doctor told you to do, how the doctor examined you and whether or not any diagnostic tests were taken (if they were, what kind).
2) What do I do if I do not agree with what the doctor for the workers comp insurance company says?
Take notes right after the exam to help you remember details from the medical examination. If you receive a report from the doctor that you disagree with, make sure you let your lawyer know. If your notes show deficiencies in the exam (for instance, if the doctor did not spend much time examining you, did not ask you important questions or did not pay attention to certain symptoms), you have a better chance of showing that the insurance company’s doctor is not credible regarding the parts of the report that you disagree with.
3) Will my employer’s workers’ comp insurance pay for treatment if I go to my own personal doctor?
In some states, you have a right to see your own doctor for work-related injuries if you make this request to your employer in writing before an injury occurs. In most states, however, as an injured worker, you must choose a doctor from a list provided by your employer or its insurance company. If you go to a doctor that is not on the list or authorized by your employer and its insurance company, you might be stuck with the responsibility for payment of the bills.
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