If you file a personal injury claim or a workers’ compensation claim in Florida, the insurance company may schedule an independent medical examination (IME). If so, it is crucial that you understand your rights before, during, and after an IME. You should also understand how the results of an independent medical examination can impact the outcome of your injury or workers’ comp claim.
What Is an Independent Medical Examination in an Injury Case?
An IME is an objective examination and evaluation of a person’s injuries and medical condition. It is authorized under Florida workers’ compensation laws, and insurance companies sometimes request IMEs in personal injury cases.
The insurance company will select an independent medical examiner to perform your IME. The IME will consist of numerous tests on your injuries.
The medical examiner will then evaluate whether you sustained impairments or disabilities because of your injuries. If so, they will determine how the impairments impact your ability to perform your job duties. If you sustained an impairment, the medical examiner will issue an impairment rating.
Refusing to cooperate with an IME could result in losing your workers’ compensation benefits. In a personal injury case, refusing an independent medical examination could negatively impact the outcome of a personal injury settlement or jury verdict.
What Are Your Rights During an Independent Medical Examination?
Even though you might be required to participate in an independent medical examination, you have rights you can exercise. Your rights during an IME include, but are not limited to:
- The insurance company cannot require you to travel an unreasonable distance from your home for the IME.
- The party asking for the independent medical examination must pay for the examination.
- Your personal injury lawyer can attend the IME with you.
- You have the right to review any correspondence related to your injuries between the medical examiner and the insurance company.
- You have the right to receive a copy of the medical examiner’s written report.
- You can dispute errors in the report and correct factual mistakes made by the medical examiner.
Depending on the outcome of the IME, your attorney may suggest scheduling an examination with a medical specialist. Medical experts may be used to refute the results of an IME if you disagree with the medical examiner’s opinion.
What Do You Need to Know as You Prepare for an Independent Medical Examination in Florida?
One of the most important things to know about an IME is that the doctor does not have the same doctor-patient relationship with you as your physicians. The things you say to the medical examiner are not confidential or privileged.
Therefore, do not discuss your personal injury or workers’ compensation claim with the medical examiner. Be straightforward and truthful about your injuries and symptoms. Do not exaggerate. Medical examiners have extensive experience and can spot when someone exaggerates their symptoms.
Wear comfortable shoes and clothing for the examination. You may be asked to perform numerous activities that involve bending, lifting, pushing, and pulling. Your clothing should not get in your way or restrict your movements.
Arrive at your IME on time. From the moment you arrive until you leave, assume you are being evaluated. There may be surveillance in the parking lot and the offices.
Your personal injury lawyer may offer additional tips and information about the independent medical examination. If you have questions or concerns, talk with your attorney before the examination date.
What Should I Do if I’m Injured in Jacksonville, FL?
If you are injured on the job, you are probably covered by workers’ compensation insurance coverage. Report the accident and injury to your employer immediately. You have 30 days to report the accident to your employer, or your workers’ compensation claim could be denied.
Workers’ compensation benefits include medical treatment and loss of wage benefits. Generally, injured workers can receive 66 ⅔% of their average weekly wages if they cannot work during their recovery. If the injury results in a permanent impairment, an injured worker may receive a lump sum settlement or long-term disability benefits.
If you are injured in an accident, seek medical treatment immediately. When another party causes your injury, you can file a personal injury claim for damages, including economic damages for your financial losses. Unlike a workers’ compensation claim, a personal injury claim may include non-economic damages for pain and suffering.
If you are not represented by an attorney, it would benefit you to consult an attorney before the IME. Scheduling an IME may indicate the insurance company intends to dispute your claim. Contact a Jacksonville personal injury lawyer at Baggett Law Personal Injury Lawyers today to discuss your situation at (904) 396-1100.
