If you get injured at work, your employer's insurance company is responsible for providing you with workers' compensation benefits.
Your employer's insurance company has the right to request an Independent Medical Examination (IME). This doctor is selected and paid for by the insurance company. Remember that they may have different interests than your best interests when giving their opinion.
An IME is usually scheduled if the workers' comp carrier disagrees with your doctor's diagnosis, especially if this diagnosis recommends ongoing medical treatment, permanent impairment awards, or a change in job duties.
NH Workers’ Compensation Law
Under RSA 281-A:38 & 39, failure of the employee to attend an independent medical examination (IME) or obstruct that examination shall result in the suspension of your weekly indemnity benefits until the examination has taken place, and no compensation shall be payable during and for such period.
The Department of Labor has rules that set guidelines for the IME:
• You must be given a written notice of the IME at least ten (10) days before the examination and at a time and place reasonably convenient for the employee.
• You can be scheduled to attend no more than two IMEs per year.
• The IME must take place within a 50-mile radius unless approved by the Department of Labor.
• You have the right to have your health care provider, which you pay for out of pocket, present at your examination.
• You have the right to have a witness present during your examination, and you must sign an authorization to allow the witness to be present. However, the witness cannot interfere in the examination in any way.
• You are entitled to the payment of mileage reimbursement for your travel to this appointment. The mileage rate for 2023 is 65.5 cents per mile.
Before your appointment, you'll want to talk with your attorney about what you should expect during your independent medical examination.
TIPS TO HELP YOU DURING YOUR IME
1. Be on Time
You will only know how many forms you must fill out if paperwork is sent to you beforehand. Completing the office paperwork could take longer than expected, depending on your injuries.
1. Do Not Be Rude or Difficult
Be respectful and courteous to the IME doctor and their staff. The workers' compensation carrier hires this doctor to evaluate your injury or illness and determine your eligibility for benefits. Therefore, being polite and cooperative during your exam is in your best interest. Their opinion is often used to determine if you qualify for compensation.
2. BE HONEST ABOUT YOUR INJURY
You are about to be evaluated for your injury. Answer the questions truthfully, without exaggerating. If you are untruthful in the hopes of improving your case, you could damage your credibility.
3. IF YOU HAVE PREVIOUS INJURIES, BE SURE YOU KNOW HOW TO ADDRESS THESE
Part of an IME physician's job is to determine whether this is a new injury or if the new injury has aggravated any past injuries. Be honest with the physician and avoid exaggerating. Tell the doctor about any new symptoms, limitations, and pain you are experiencing now that you did not have before.
4. TELL THE DOCTOR WHEN YOU ARE IN PAIN; AVOID EXAGGERATION
Most physicians ask patients to rate their pain on a scale of 0 to 10, with ten being the highest. 0 means no pain; 1 to 3 means mild pain; 4 to 7 is moderate pain; 8 and above is severe. 10 is unspeakable pain, and very few people will ever experience this level of pain.
5. DO NOT TALK ABOUT YOUR CASE
Even if the physician brings up your case, mention that you have hired an attorney and then change the topic. Avoid making any statement that is not about your injury. What you say will get back to your employer and the insurance company.
THE IME REPORT
Once the IME is complete, all parties have the right to review the report. The introductory section will include the medical records reviewed and a summary of the doctor's conclusions. The information will also describe the conversation between you and the doctor. The doctor’s findings will be documented (in detail), and the diagnosis/prognosis will be given.
It always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you can trust. Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years. Call us today at 603-647-2600 for a free consultation. We only get paid when you do!