- 29-Apr-2025
- Personal Injury Law
When an employee is receiving workers' compensation benefits, the employer or their insurance company often has the right to request medical examinations to verify the extent of the injury, assess recovery progress, or determine continued eligibility for benefits. However, this right is balanced by specific legal protections ensuring that the worker is treated fairly and that the examination process is conducted appropriately.
The employer or insurance company typically requests an Independent Medical Examination (IME) by a doctor of their choosing to verify the injury or illness's extent.
Ensure that the request complies with local workers' compensation laws. Generally, the employer or insurer must provide formal notice, and the examination must be scheduled at a reasonable time and location.
In most jurisdictions, refusing to attend a legally requested medical exam can result in suspension or termination of workers' compensation benefits.
Bring all previous medical records, diagnostic reports, and notes. Be honest and thorough when describing symptoms and limitations during the exam.
After the examination, the worker usually has the right to request a copy of the doctor's report, which can be crucial if disputes arise later.
If the worker feels the examination was biased, intrusive, or unfair, they should consult a workers' compensation attorney to challenge the findings or request a second opinion.
Workers' compensation laws generally allow employers or insurance companies to mandate one or more medical evaluations, especially if they are reasonably spaced and not excessively burdensome.
Workers are protected from harassment or repeated unnecessary examinations. Courts can intervene if the examination requests are abusive.
If the worker disagrees with the IME results, they can seek a second independent medical evaluation or contest the findings during the compensation hearing process.
Cooperating with the medical examination request is essential to avoid interruption or termination of workers’ compensation benefits.
Suppose a construction worker injures his knee on the job and is receiving workers' compensation benefits. After a few months, the employer’s insurance company requests an independent medical examination to evaluate if the injury has healed enough for the worker to return to light-duty work.
Thus, while the examination can be mandatory, the worker’s rights to fair treatment and due process are fully protected under the law.
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