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Getting an Independent Medical Exam

Steve Wagner

Getting an Independent Medical Exam

Depending on the type of job you have, you may be at risk for a workplace injury. Your employer should have sufficient insurance to cover any claims made for injuries sustained while at work.

Disability claims of any nature are subject to the opinion of the worker’s compensation medical doctor assigned to you. At the end of this examination, your claim can be filed. When you file for disability claims, you should do so with the help of a trusted Indiana workers compensation attorney.

When things don’t work out

You may feel that the medical opinion of your workers compensation doctor is inaccurate. If this happens, Indiana law provides you with the legal right to obtain a second opinion. This second opinion is known as an independent medical examination (IME).

Independent medical examinations can be sought for three main reasons:

  1. To evaluate the cause of the injury, its extent, and the type of medical treatment needed. Especially in cases where liability must be determined
  2. To ascertain whether the maximum benefit possible has been achieved from the treatment.
  3. To determine whether any permanent damage is present.

Being denied your right

Your employer and their insurance company may attempt to refuse you the benefit of an IME. This may occur because your employer and insurance company are trying to to bring down their liability in terms of compensation. You must know that you are legally entitled to an IME.

Once you are out of the care of your original workers compensation doctor, you have just one week in which to seek an IME. You should be given Indiana state form 38911, ‘Request for a Medical Exam’. Often, this form is not given or reaches you after a delay.

How a lawyer can help

Once your IME is granted, your workers compensation attorney will work along with the Indiana Workers Compensation Board (IWCB) and find a physician who is qualified to examine your particular case. Your attorney will also ensure that you receive the two weeks of temporary total disability pay you are entitled to.

When the IME results are in

Once the results of the IME come through, your attorney will ensure that you receive any additional, required compensation.

If you or your loved ones have suffered a workplace injury, contact us at 888-710-9377 for a free consultation of your case. Our workers’ compensation attorneys will be able to assist you in receiving maximum compensation for the losses and expenses incurred due to the work accident. Wagner Reese has a proven track record of over 60 years, servicing the entire Indianapolis area.


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