An Independent Medical Exam, or IME, is an exam performed by a doctor who is not your regular doctor. An injured worker can request an IME, but more often the employer or insurance company requests it when there is a dispute about your condition or the amount of benefits you are receiving, or in preparation for trial or settlement.
In Illinois, injured workers are allowed to choose their treating physician. However, the insurance company can use these independent exams to get a second opinion, particularly one that they hope will support their position. The IME doctor will not be treating you. They are just providing an expert opinion. The insurance company pays for the IME, including travel and expenses, and it should be scheduled at a time and place that is reasonable for you.
Regardless of who requests the IME, the independent doctor will produce a report with his or her findings, and you are entitled to a copy of that report. It might include their opinion on how you were injured and whether it is work related, how serious your injury is, whether it is permanent and whether you can return to work. The report is very important to your case. If you don?t get a copy from the insurance company, request one. If they delay or refuse, your attorney can subpoena a copy. For Illinois workers? compensation attorneys, using a subpoena is routine. It only costs us about $20 to do this for clients.
If the insurance company is holding back on the IME report, chances are it?s because it?s in your favor. If you discover that?s true it will greatly help your case. In other words, it?s important to get a copy. The doctor doesn?t work for you so they don?t have to give you one, but they can?t ignore a subpoena from a lawyer.
Under Illinois law, if you file a claim for workers? compensation, then you are required to attend an IME if one is requested. If you refuse, you could lose your benefits. However, don?t go into an IME unprepared. You should be given a reasonable amount of notice, and you should talk to your attorney about what to expect at your IME. As for the report, you can and should get a copy, so don?t give up. It?s a simple task for an experienced work injury attorney, and the bottom line is that a favorable IME report can put your case in a great position.
We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.?Contact us?and we will answer your questions or find the right lawyer for your situation.
1/23/13
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