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Strictly speaking, you do not have to go back to work when an independent medical examiner disagrees with your doctor. You are allowed to return to work with your employer after reaching MMI for your work injury. If the IME says that you are ready to go back to work, the insurance company will terminate your benefits, and you might need to work in order to cover your medical bills and other expenses. Afterwork Definition & Meaning | Dictionary.com Once the doctor completes their exam, they will write a report with their conclusions on your injuries and what caused them. These IMEs can prove to be helpful for the injured worker or the employer/insurer. Super Lawyers selects attorneys using a multiphase selection process that includes peer nominations and evaluations of peer recognition and professional achievement. From start to finish they're just a phone call away. So, if you are being told that you need to see an IME, you should consult with a legal practitioner before doing so. This happens especially when the doctor recommends an expensive procedure or surgery. For example, those of you who have suffered a traumatic brain injury (TBI) resulting in post-concussion syndrome, fracture, amputation injury, burn injury, or back injury causing a herniated disc and the need for a spinal fusion surgery will take longer to reach MMI than those of you who have suffered a muscle strain, minor ligament sprain, or bruise. Stay tuned for the next blog: Preparing for and handling the IME . During the examination, the doctor will likely start out by asking you how your injury happened, what your relevant medical history is, and the course of your treatment so far. I would definitely recommend Jason and I do send several of my clients to Jason. We're looking for attorney matches in your area. The physician who conducted your IME will be sending their findings over to the insurance company for review. 3 Who Decides That I Have Reached MMI for My Work Injury? One of the most important steps in a Maryland workers' compensation claim is the independent medical examination (IME). I help injured employees throughout Virginia, including those in Richmond, Chesterfield, Henrico, Bristol, Abingdon, Roanoke, Harrisonburg, Winchester, Fairfax, Manassas, Fredericksburg, Newport News, Williamsburg, Norfolk, Virginia Beach, and Chesapeake. In my experience many injured employees are concerned that their workers comp case will end when their doctor states they are at MMI. The findings of an IME can affect your claim, but its not the only factor determining your cases outcome. Ask the doctor to explain the report through an addendum. You should not try to settle your car accident or tort claim until you have reached MMI for many of the same reasons you should wait until youve reached maximum medical improvement to settle your workers comp case. No representation is made that similar results will be achieved in future cases. What if I Disagree with My Doctors Opinion that I am at MMI for My Workers Comp Injury? After the conclusion of the IME, the doctor will write a report on what they believe your medical condition is. How to Find a Treating Doctor for Your Workers Compensation Case. An Independent Medical Examination (IME) is an attempt to confirm - or more likely, to dispute - the treating doctor's management and care recommendations for an injured worker.. In some states, you can request a second medical examination, performed by a doctor you choose. Insurance companies will often stop paying workers compensation benefits once an IME clears an employee for work as welland this can put injured workers in a very challenging situation. The doctor will decide whether to review the documents before or after the examination. What Happens at Your Independent Medical Examination? - Lawyers.com Here are the steps to take if you are wondering, What should I do when an IME doctor disagrees with my doctor?: When an independent medical examiner disagrees with your doctor, this is not the end of your workers compensation claim. However, as Baltimore workers compensation lawyers, weve seen that disputes can arise on the state of your health during the claims process. In this situation, you need to be very careful about your next steps. The information on this website is for general information purposes only. So what happens after an IME report has been completed? These IMEs may prove to be helpful to the injured worker or the employer/insurer. Suppose youre unable to resolve the issue informally and the incorrect report is being used against you to limit or eliminate your benefits. In some states, you can also request a second medical examination, performed by a doctor of your own choosing. However, if an injured worker receives . But the truth for many of you is that the settlement process is just getting started when you reach maximum medical improvement. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. What Happens When You Have a Car Accident Without Insurance? This is because insurance companies have doctors on retainers and call on them whenever they need an IME. You can bet that this inconsistency will show up in the doctor's report, and the judge or hearing officer will take this into account when assessing your credibility. It isnt uncommon for insurance companies to request that their claimants be independently evaluated, just as it isnt uncommon for the insurer to deny the claim of a well-deserving claimant. after-work: [adjective] happening or done following the conclusion of the workday. Hopefully, the doctor will recognize how serious your injuries are and why you should be out of work while you recover. Because workers compensation benefits are only available to those who have sustained an injury at work or while performing a job-related activity, the doctors report after an IME can significantly impact your claim. Your demeanor can greatly impact a doctors assessment of you, so you want to make as good of an impression as possible. When the insurance carrier denies a Workers' Compensation claim, the injured worker will receive a First Report of Injury (FROI) form. Usually, when the insurance company requests an IME, it also selects the doctor who will perform the evaluation. Your employer and their insurer will then have the chance for a rebuttal, and your denial will either be overturned or upheld. The Georgia Workers Compensation Act provides the employer or insurance carrier the ability to compel an injured worker to an IME by a physician of the employer or insurance carriers choosing. Call a friend or family member on the phone. We are pleased to communicate with you concerning legal matters. For instance, if your treating doctor has recommended surgery, is it necessary and appropriate? When your employers workers compensation provider requests an IME, they seek proof of your injuries and how you got hurt. What Is An IME In Workers' Comp Case | Ankin If there is a hotly contested issue in your case, the insurance company may write a letter to the doctor explaining your injury, summarizing your course of treatment to date, and posing specific questions about your medical condition. These doctors are generally known to the insurance company as being hostile to the injured worker and being skeptical about work injuries as a whole. The results of the IME can have a large impact on your case. After reaching maximum medical improvement you can still use your lifetime medical award to return to the doctor and get the diagnostic tests (MRIs, CT scans, X-rays), physical therapy, work hardening, prescription medication, injections, medical equipment, and other palliative care (chiropractic treatment, acupuncture) you need for your work injury. However, if you notice a factual mistake with the report, you should write a statement to the insurer and the doctor. The nature of your injury or illness will have the biggest impact on how long it takes. What Happens When I Reach MMI in My Workers Compensation Case? or viewing does not constitute, an attorney-client relationship. Please refresh the page and try again, Getting Medical Treatment in Your Workers Compensation Case, role of treating doctors in workers' comp cases, How to Handle Your Workers' Comp Independent Medical Examination, Do Not Sell or Share My Personal Information. In workers' comp lingo, this is usually called "maximal medical improvement" (MMI), or sometimes "permanent and stationary." The amount of time it takes to reach MMI can vary widelyanywhere from a month to a few years after you were first hurt or became ill. 1600 Ponce de Leon Blvd, "What happens after an IME?", "What is the IME capability of a claimant?", "What is the impact of an IME on a claimant?", or "Will an IME interrupt the flow of a workers comp claim after a medical examination or evaluation?", this article will review these aspects of the workers comp process after an IME and discuss some of . Workers Compensation Independent Medical Examination (IME) | Defense However, if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall NOT be deemed to create an attorney/client relationship. What is an IME & What To Expect After | Frommer D'Amico case or situation. I have found Jason to be honest and hard working. Your injuries are. IME Doctor Disagrees with My Doctor--What Now? | WorkInjurySource.com Employer And Employee IME Basics in GA Workers Compensation Claims, Employer and Employee IME Basics for Georgia Workers Comp Claims. What is Maximum Medical Improvement (MMI) and What Does It Mean? As with workers comp claims, MMI is a milestone in personal injury claims. Unfortunately, insurance companies 1600 Ponce de Leon Blvd Has your condition been correctly diagnosed? Write a letter to the physician and the insurance company describing the inaccuracies and provide evidence, if possible. permanent impairment from the work injury. You should refuse even to discuss the report . Workers Comp MMI: What Happens Next? - cpollardlaw.com When Do My Workers' Compensation Benefits End? Dont give them any reason to discredit your claims. In these states, the examining doctor may come from a randomly selected list of qualified specialists or may be designated by the judge. The simple answer is: Its up to you. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to substantiate or counter those findings; recommends . HELPING PEOPLE REBUILD THEIR LIVES AFTER INJURY. For assistance finding experienced workers' comp attorneys, use Nolo's lawyer directory. An attorney can help protect your interests by filing objections, scheduling a deposition to question the doctor, or requesting another examination. Unless your case is simple or your injuries are minor, you may need the assistance of a lawyer to ensure that your rights are protected during the process. Dont go at it along. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? If this happens, you should immediately contact a workers' compensation lawyer. If your workers comp claim was denied, an attorney can review the IME and advise on what to do next. The Greenville personal injury and workers compensation attorneys at Ricci Law Firm Injury Lawyers have been successful in resolving numerous cases through trial, arbitration and settlement. Either you or your lawyer will then receive a copy. My doc requested surgery, IME doc says no surgery, more conventional treatment. If you are asked to attend an IME, then there is a good chance the resulting report will be unfavorable to your claim and find that you have reached MMI even though your treating physician disagrees. If you are receiving workers' compensation benefits, the insurance company cannot stop your weekly benefits or stop paying your medical bills if you refuse to go to an IME, unless you have been ordered to attend an IME by a workers' compensation judge. Are you entitled to financial compensation for your work injury? Ive represented many injured employees whose symptoms worsened and who needed surgery after their doctor told them they had reached MMI. While it might be okay for you to return to work, it also might not. When you reach MMI, you may be offered a settlement that can take two forms: A lump-sum settlement. The Georgia Workers Compensation Act also provides the injured worker one (1) IME of his or her own, provided that the injured employee has received workers compensation income benefits within the last 120 days. What Kinds of Questions Will I Be Asked in a Workers' Comp IME? Once the IME report has been filed, you can request a copy of it from the doctor who examined you or your employers workers compensation insurer. The impartial physician shall examine the employee and review the medical records submitted by the parties and issue a report. I used Jason several times over the past fewl years. Whether you have permanent restrictions that limit you to light duty work for the rest of your career. Prev Post Next Post After submitting a long-term disability claim, you may be asked to endure an independent medical examination (IME). The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. FAQs How Can You Get Free Legal Advice for a Work Injury? . You can reach us by phone at (252) 777-2222 or through the contact form at the bottom of this page to take the first step in securing your work comp approval. In many workers compensation cases, the injured worker, the employer, or insurance carrier may desire an independent medical examination or second opinion. This generally occurs when the one of the parties is dissatisfied with the current physicians diagnosis, prognosis, or care plan. You should receive a phone call or email within the next 24 hours. This report from your doctor should include: Some treating physicians refuse to do impairment ratings or medical cost projections when you reach MMI, even though they are otherwise supportive of the claim. Do Not Sell or Share My Personal Information. Did Your Doctor Tell You That Youve Reached MMI For Your Work-Related Injury? When is the right time to settle my case? As a general rule, the more severe your injury and the more surgeries you need, the longer it may take to reach MMI. The insurer may use evidence from the IME doctor's report against you at a workers' compensation hearing, including any statements that you make to the doctor. As an injured employee going through the workers comp claim process, you know that the weeks, months, and even years after a work accident are filled with stressful situations and strange terms and acronyms. FL Especially if you are still in main or experiencing physical limitations, it will be important for you to speak with a lawyer before you do anything that could jeopardize your legal rightsor your physical recovery. What happens when you go for an IME evaluation for workers comp? If so, what sort of treatment? Of course, this is easier said than done, and this is why it is important to talk to a lawyer who can give you specific strategies and advise you one-on-one. What Happens After an IME Report? | Dabdoub Law Firm If you receive a denial, you can rest assured that your attorney will do everything possible to >obtain the benefits> you deserve. Instead, wait 3 to 6 months to see if you are actually capable of full duty work. Whenever possible, you should make your request in writing and file a copy with the state agency in which your workers' comp claim is pending. And in my experience these IME doctors know they are being asked to provide a report that helps the insurance carrier, not you. Then, the insurance adjuster will use this supporting medical documentation to make a decision in your case. Depending on your work status and the benefits you are receiving when you reach maximum medical improvement, your lawyer may file a workers comp claim for additional benefits you deserve. He is very thorough with everything he does for a client. I'm going to gather that you have difficulty sleeping, probably as a result of your work injury. Usually an orthopedic doctor will (1) refer you to a physiatrist or pain management if there is nothing more to offer you from an orthopedic standpoint and (2) recommend that you undergo a Functional Capacity Evaluation (FCE) to determine your permanent restrictions from the work injury when you reach maximum medical improvement. If youre disabled and cant get the benefits you need, we may be able to help. 4. If the employers insurer requests the independent examination, then theyll likely choose the doctor. WORKERS' COMPENSATION SYSTEMS: THE PROBLEM WITH INDEPENDENT MEDICAL EXAMS After a worker is examined by his or her own doctor, insurance companies are allowed to order "an ostensibly neutral exam by a doctor they select and pay for" called "independent medical examiners ("IME")." Please tell us how they can get in touch for a free consultation. Dont go at it along. That doctor will then refer you to an orthopedic doctor, who will become your treating physician for the workers comp case. Its important to assess the medical evidence, the types of benefits you are receiving, and what you hope to accomplish with your case when deciding whether to get a second opinion on maximum medical improvement. See, O.C.G.A. Afterwork Definition & Meaning - Merriam-Webster Guided us along the way with Workers comp and auto insurance companies! Specifically, the insurance carrier wants the IME doctor to find that you have reached maximum medical improvement for your work-related injuries so that it can deny medical treatment recommended by your authorized physician in the future. During the IME, a doctor will examine you and your medical records to confirm your injuries and their cause. Thus, the compensation payment youll get depends on the report the IME doctor gives. IME Workers' Comp: What Happens After Workers' Compensation IME? In many workers compensation cases, the injured worker, the employer, or insurance carrier may desire an independent medical examination (IME) or second opinion. This generally occurs when one of the parties is dissatisfied with the current physicians diagnosis, prognosis, or care plan. Super Lawyers is limited to lawyers who can be hired and retained by the public. Sometimes, however, an insurance carrier will allege that you have reached MMI based on the opinions of a doctor that examines you for an Independent Medical Examination (IME). Learn how to prepare and what not to say in an IME. 2023 Pinder Plotkin LLC | All Rights Reserved | Privacy Policy. Asides from insurance providers, the judge or Workers Compensation Commissioner might request the independent medical examination to resolve a disputed issue related to your case. Despite their label, IMEs are not independent. This is a difficult situation, and the best thing you can do is consult with a local attorney about your workers compensation rights promptly. If your claim is straightforward and uncontested, you can receive benefits in as little as a week or two after reporting your injury. Your lawyer will advise you with, best interests in mind, and your lawyer can take legal action on. Your attorney can use this information to give you an educated assessment of the value of your claim for settlement purposes, and what you can expect from the employer and insurer moving forward. future medical treatment you will need for your work-related injury, vocational rehabilitation services to try to find you a job, settlement value of your workers compensation case, top-rated workers comp attorney in Virginia, the results Ive helped injured workers just like you get, the doctor you chose from the panel of physicians provided by your employer or its insurer, deny medical treatment recommended by your authorized physician, post-traumatic arthritis that required treatment when exacerbated or flared, treating physician says you are capable of full duty, Employers Application for Hearing to suspend or terminate your benefits, requirement that you resign from the pre-injury employer to settle, referral for a second opinion for your work injury. Who Decides That I Have Reached MMI for My Work Injury? In the report, the doctor shall indicate whether a disability exists; whether it is total or partial and permanent or temporary . However, the objectivity of these results depends on who chooses your doctor. By Serena Lipski | Updated by E.A. How Long Does It Take Workers Comp To Approve Surgery? The party requesting the hearing shall pay a fee (currently $350.00) for the examination. It is common to have both types of claims if you are hurt in an auto accident while on the job, injured by a defective product on a construction site, or the victim of workplace violence. Practice deep breathing exercises. 2023 Trollinger Law LLC - All Rights Reserved. Call Ramos & Law today for a free consultation. After an independent medical examination, your report will be shared with the insurance adjuster. Do I Need a Lawyer for a Workers Comp Claim? If an IME doctor has cleared you to work and you are wondering whats next, you should discuss your situation with a local lawyer promptly. Read on to learn more about the IME process in Maryland. The purpose of this article is to guide you through the Independent Medical Examination in workers compensation so that you understand what it is, what your legal rights and obligations are, and what you can do to increase the likelihood that the IME helps your claim and does not hurt you. Fortunately, there are some strategies that injured workers can use to protect themselves when going for an IME evaluation for workers comp. A hearing will be scheduled, and your attorney will plead your case before the commissioner. But most cases take longer. When it comes to the length of time it takes to reach maximum medical improvement, every person and injury is different. It is supposed to cover the treatment you need and whether youll be able to work in the future. Percentage of Loss of Use. See, O.C.G.A. The "Independent" Medical Exam (IME) - Anything But! And if you have any questions, or are looking for a top-rated workers comp attorney in Virginia call me for a free consultation: (804) 251-1620 or (757) 810-5614. At the same time, however, going back to work too soon could be dangerous. Take a dance break. The Workers' Comp Process: From Filing to Settlement | Lawyers.com *The information on this website is for general information purposes only. Whether you can return to your pre-injury job. Is It Time to Speak with a Work-Related Injury Lawyer? So, you must know what they are and their effect on your work comp claim. This means that anything you tell the doctor is not privileged or protected in any way. For example, your treating doctor may state that you can never return to the work environment where you were injured because of your continuing restrictions and limitations. Unfortunately, when this happens, it is hard for the doctor to be entirely impartial. But depending on other factors, your employer and its insurer may try to stop your income replacement benefits at this time. What Happens After First IME Exam? - Workers Compensation Insurance . com You can always seek additional medical care after your doctor declares you at MMI, so long as you did not settle the case. Judges also tend to view IME doctors as more objective than treating physicianseven if that's not often the case. IMEs & Workers' Comp Cases: What You Need to Know | KK&O Our team only handles disability cases, so you can rest assured that youre working with the best of the best. Schedule Loss of Use Award - NYS Workers Compensation Board This step is critical before contesting the results of the doctors report. The cases listed are a sampling of results obtained for our clients, however, they do not represent the firms entire record and does not constitute a promise in any way of a similar outcome. While it might be okay for you to return to work, it also might not. Find Out What Happens After You Reach Maximum Medical Improvement. If you are like many injured workers, you might have questions about the IME process for workers compensation. But if there's a dispute with your employer's insurance company about any of these issues, you may be asked to undergo a medical evaluation with another doctor who isat least in theoryneutral. MMI has a role in determining many things, such as: The purpose of this article is to discuss what MMI is and what you can do to protect your legal rights and increase the value of your workers comp case after you reach maximum medical improvement. Call them first!! Your employer and its insurance carrier use the examination to assess the nature and extent of your injury. Independent Medical Exam - Workers Comp Experts in your best interests to talk to a lawyer before you go. What is the Workers Compensation Appeals Board and How Does it Work? By continuing on to our web site you are deemed to have agreed to these terms and conditions. Come see why my peers and past clients have voted me one of the best work injury lawyers in the state, and the results Ive helped injured workers just like you get. Written by Charles R. Gueli, Esq. 34-9-202 (a). Ask for a copy of any medical report on your injuries. Your lawyer will protect your interest, file an objection, schedule a deposition to question the doctor, or request another examination. I serve on the PCBA Board and it thriving and successful do to his leadership. Tips on Handling Your Workers' Comp Independent Medical Exam - Nolo The simple answer is that IME doctors arent always right. Provided the injured worker has received income benefits, he or she may choose a physician in the general area to seek an IME at the expense of the employer/insurer.