An Independent Medical Exam (IME) is an examination administered by a physician other than the worker’s primary physician. An IME is typically made at the request of your insurance company.
If you’ve been injured in an accident, your insurance company may require an IME. If you’re interested in what an IME is and how an IME personal injury attorney could be of assistance, contact skilled car accident lawyers in your community today.
Insurer Scheduled Independent Medical Exam Florida
An insurer can schedule an IME to obtain an independent medical assertion about what caused your injury, your treatment options, work restrictions, and medical status. Typically, your insurance provider will give you a written notice at least 10 days before the examination.
If you have to miss work, your insurance company must reimburse you for the time you missed from work for the IME. With a written request detailing your expenses, the insurance company is also responsible for the reasonable cost of public transportation or mileage when using a private vehicle to get to the appointment and the reasonable cost of child care, meals, lodging, and other related necessities.
Your IME is mandatory, and failing to attend could result in a penalty or suspension of your benefits. If you’re unable to participate in your IME, contact your insurance agent. If you’re unsure whether or not an IME is necessary for your claim, contact knowledgeable Car accident lawyers for a free consultation and discuss your options.
Physician-Patient Relationships and Independent Medical Evaluations
Disability insurers, employers, or lawyers can request an IME when faced with uncertainty about the nature of a claimed injury. Since the independent medical evaluator provides a service for the insurer and not for the patient, legal and ethical concerns may come up. Common conflicts that arise during IMEs include:
- Duty of care within the evaluator–claimant relationship
- Disclosure of critical medical findings
- The right of the claimant to access the IME report
Usually, medical professionals are obligated to act in the best interests of their patients. However, when your insurance carrier hires an independent medical evaluator, some argue that the evaluator owes no legal duty of care to the examinee and has no legal culpability for any resultant harm.
Some injury professionals suggest that evaluators should not disclose medical information that is unrelated to the IME. However, others suggest that evaluators should take reasonable steps to ensure that the examinee is advised of all essential medical findings that affect the claimants’ health.
Typically, after an IME, evaluators release detailed medical information and findings to the referral source unless the referral source is the employer. According to the Personal Information Protection and Electronic Documents Act, an examinee may have a right to access personal information upon request, regardless of whether it is contained in a final report or the working notes of the evaluator. If you’re having trouble getting access to your results, the adept injury attorneys at Englander Peebles can be of assistance.
Independent Medical Exam Laws
The Worker’s Compensation Act, s. 102.13 stipulates that an insurance company or self-insured employer may request reasonable examinations by a physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, or advanced practice nurse prescriber of its choice. Insurance companies can also request that the injured worker take an IME of the business’s choice, especially when compensation is claimed.
Some insurers may require IMEs every 6 months. Whenever there are significant changes in an injured employee’s medical condition, their insurer or employer can schedule additional independent examinations. The law allows an insurer or employer to choose an independent examiner within a 100-mile radius of the worker’s residence or place of work.
Independent examination requests must be asked for in advance and writing and must notify the injured party of the following:
- The proposed date, time, and place of the examination and the identity
- The area of specialization of the examining physician, chiropractor, psychologist, dentist, podiatrist, or vocational expert.
- The procedure for changing the proposed date, time, and place of the examination.
- The injured party has the right to have their physician, chiropractor, psychologist, dentist, or podiatrist present at the examination at the worker’s expense.
- The injured worker’s right to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, dentist, podiatrist, or vocational expert upon receipt of these reports by the insurer or employer
- The injured worker’s right to bring a translator if necessary
- The injured worker’s right to bring an observer
Refusing to do an IME for your injury can have some adverse effects on your insurance benefits and the outcome of your claim. If you’re unsure how to proceed, contact diligent IME personal injury lawyers at Englander Peebles today.