Independent Medical Exams

Your Right to an Independent Medical Exam

If you believe you still need treatment after being released by the workers’ comp doctor, you have the right to an independent medical examination (IME). This is an important right within the Indiana workers’ compensation system. When you are denied this right, it is important to seek experienced legal advice.

Leading workers’ comp attorneys

At the Carmel, Indiana, law firm of Wagner Reese & Crossen, our attorneys are among the leading workers’ comp practitioners in the state. We understand the details of the state’s work comp statute. We also know how employers and their insurers reduce costs by refusing benefits, including paying for an independent medical examination. We help employees appeal when their insurance claim is denied.

If you have been denied an IME or have other questions about your rights after being released by the workers’ compensation doctor, contact our law firm. Call today to schedule a free initial consultation.

You must request an IME quickly

Although your right to an IME is very clear, injured workers have to act quickly. After being released from care by the work comp doctor, the employee has only seven days to request an IME. Although they are supposed to provide the worker with the form for making this request, some insurers delay sending this form, State Form 38911 Request for Medical Examination.

How our attorneys can help

When the IME is granted, our lawyers work with the staff at the Indiana Workers’ Compensation Board (IWCB) to be sure that the appropriate physician with the correct specialty is selected. While waiting for the results of the independent medical exam, the worker is entitled to two weeks of disability pay. The employer must pay retroactive disability benefits if the second doctor finds that the employee had not reached maximum medical improvement and needs more treatment. Even if the IME physician says you need more treatment, some work comp insurance companies still refuse to pay for this treatment.

We make sure that your right to an IME is not denied unfairly by the insurance company. If you need more medical treatment, we will work hard to make sure you receive it, along with disability benefits until you are at maximum medical improvement (MMI). If you believe you have been wrongly released by the work comp doctor and wish to exercise your right to an IME, contact our Carmel law firm at 800-792-0332.