If you are in the process of filing for workers’ compensation benefits
after having sustained an injury while performing your work duties, you
will likely be asked to attend an independent medical examination. If
the insurance company sets up an examination for you, it is important
that you are well prepared for it to avoid making any mistakes that can
potentially cost you the benefits you need to get back on your feet.
We have compiled a list of tips for you, so you can better protect yourself
during this exam:
Bring a friend: If you can get a friend or family member to go with you to your independent
medical exam, you should. He or she can take notes on everything that
occurs during the exam and act as a witness later on if there are some
disputes over what took place. Having a friend with you will also likely
keep the doctor from being rude to you or trying to intimidate you. However,
make sure your friend understands that he or she is not expected to speak
during the exam.
Ask for a copy of the report: Until you have a complete copy of the independent medical examination,
you should refuse to discuss what occurred with the insurance adjuster.
Point out inaccuracies or incompleteness: If you have a full copy of the report, you can review it and highlight
anything that might be inaccurate or incomplete. You could also use material
from your own medical records to point out any issues.
An unfair examination: if your examination was unfair, superficial, brief, or taken without obtaining
a thorough medical history from you, you should point this out to the
insurance adjuster. This is another reason why bringing a friend with
you can be helpful – you can tell the adjuster that you had someone
with you and he or she can support your claim.
A negative independent medical examination: If your report is extremely negative and the insurance adjuster is heavily
relying on it to deny you a fair settlement, you could ask your own doctor
to write a response. Preferably, your doctor should be the specialist
who has been treating you since you were injured.
Find out about the independent medical examination doctor’s relationship
with your employer’s insurance company: Make a formal request, in writing, to find out the number of independent
medical examination referrals the insurance company has given that particular
doctor over the past five years, how much he or she is paid for each exam,
and how many times the doctor performed for plaintiff’s attorneys
over the same period of time. Of course, it is highly unlike the adjuster
will provide any of this information, but refusing your request will put
him or her on the defensive.
Experienced Workers’ Compensation Attorneys in Cobb County
If you sustained injuries while on the job, you need a skilled
workers’ compensation attorney on your side to help you secure the benefits you deserve and
need to get back on your feet. At Chestnut & Beller in Cobb County,
our team of knowledgeable workers’ compensation attorneys are dedicated
to fighting on behalf of injured workers and will do what it takes to
help you navigate this often complex process. Backed by over 60 years
of combined legal experience, you can rest assured that you will be in
good hands with us.
Get started on your workers’ compensation case today and
reach out to our law firm at (770) 285-5542 to request your free initial case evaluation
with one of our attorneys.