
You may need to undergo an independent medical examination (IME) as part of your workers' compensation claim. The following are tips on what to do at every stage of the process.
Before
Prepare for your IME so that it doesn't weaken your case. The following preparation tips can help.
Understand the Process
Research and know what to expect during your IME, especially if you have never had one. You should know:
The knowledge will help you avoid surprises that might upstage you during the examination.
Groom Appropriately
People instinctively judge each other based on appearances. You want the examiner to get the best impression of you during the examination. Not only that, but your dressing should also match your injury. For example, the examiner might doubt your sprained your painful ankle claim if you arrive in high heels. Work on your grooming for the big day.
Free Up Your Calendar
The IME helps both you and the defendant. You can weaken your case if you refuse the IME or arrive late for the appointment. Free up your calendar for the appointment and arrive adequately early. Early arrival also allows you to rest well before the examination commences. Ensure plenty of for the appointment so that you do not need to cut it short, either.
Refresh Your Memory
Human memory is fickle, so you should not rely on your memory to remember everything about your accident. Review your documents, medical records, journal, and everything related to your injury and treatment. That way, you will have the facts at your fingertips during your IME.
During
Thorough preparation is a good start, but you still have some work cut out for you during the examination. The following tips can help once the examination is underway .
Be Honest
Medical examiners are professionals with adequate experience in their work. They will spot your lies a mile away. The examiner and defendant will doubt most of your claims if they catch you lying. Therefore, you should be utterly honest with your answers. Resist the temptation to lie even if you think the right answers can hurt your case.
Be Polite
Do not antagonize the medical examiner even if their questions infuriate you. Be polite with all your answers and mannerisms. You can ask for clarification, defer the examiner to your lawyer, or even decline to answer improper questions. However, disrespect towards the examiner will not serve you in any way.
Keep Your Answers Concise
Keep your answers short and accurate. You might confuse your statements if you give long-winded answers. Just answer the examiner's questions as clearly and concisely as you can.
After
You still have some work to do after the examination. Below are further tasks to do after your IME.
Write Down the Major Points
Immediately after the examination ends, write down what you remember from it. Write down things like standout questions and the duration of the examination. You and your legal counsel can use the notes later on to evaluate the authenticity and fairness of the examination.
Get and Review the Report
You should have a copy of the actual IME report - you should not rely on the insurance adjuster's interpretation of the report. Request your copy and thoroughly scrutinize it. Check if the report matches your view of your injuries and limitations.
Challenge the Relevant Parts
You reserve the right to challenge the examination and its report if you don't agree with it. For example, you can challenge an extremely short examination that fails to capture your limitations. You can also challenge the report if it contains errors that can hurt your case. Your lawyer will help you lodge an official challenge.
The Law Offices of James B. Gillespie, Jr., PLLC, has extensive experience with worker's compensation claims. We can help you deal with your IME and challenge any misconceptions the report might produce. Contact usfor a consultation to determine the way forward for your case.