A common question that we get from new and old clients alike is "why do I have to go to the insurance company's doctor?" It is almost 100% certain that if you have been injured at work and require medical attention, and/or have to miss time from work due to the injury, that the insurance company will have you examined by their consultant in what is called an IME or Independent Medical Examination. Typically, an IME is not "independent" and often barely qualifies as an "examination." An IME is best described as an "insurance company consultant check-in to deny your treatment and possibly lower your benefit exam."
There are many reasons why an insurance company will have an injured worker attend an IME. The most common reasons are to assess degree of disability, treatment requests, and permanency. Again, these are the most common reasons, but certainly not the only ones. Insurance carriers are required to send an IME-3 to all parties prior to the date of the IME. The IME-3 will contain details regarding the purpose of the IME and the questions the insurance company would like the doctor to answer.
Insurance companies in New York State have the right to have injured workers examined by their own consultant. So, the answer to "do I have to go to an IME?" is YES. The right of an insurance company to have injured workers seen by their consultant is not infinite. The place, time, and distance of the IME must all be reasonable. This means that the location of the IME must be conducive to medical examinations taking place (i.e. offer privacy, clean, accessible, etc.), be at a time that is mostly convenient for the injured worker, and must be within 50 miles of the injured worker's home.
IMEs are unfortunately the way of life in New York Workers' Compensation claims and can have a significant impact on an injured worker's case. If you have recently received a notice for an IME in your case, call MCV Law today so that we can help you through the process and make sure we set a strategy so that the insurance company does not dictate what treatment you get or unfairly lower your money benefits.
"Very happy with MCV Law. Christopher Stringham and Valerie Swieck have helped me with several injuries over the years and won every case. They are pleasant to work with and explain everything. I recommend them to anyone needing help with Workers' Comp. I am very happy I went with them."
-Jim T., a satisfied MCV Law client
“I recently had the pleasure of working with MCV Law, and I couldn't be more pleased with their exceptional service. From the very start, their team demonstrated a genuine concern and commitment to my case. Communication was clear and timely, and I felt well-informed and supported throughout the entire process. I highly recommend them for anyone in need of legal representation.”
-Nicholas W., a satisfied MCV Law client