What to Expect at a Colorado Workers’ Compensation IME: Guidance for Injured Workers in Arvada and Denver
Knowing how to handle an independent medical examination (IME) is crucial when you are either seeking workers’ compensation benefits or already receiving them. The Denver workers’ compensation lawyers at The Frickey Law Firm can ensure that you are not alone in the process.
The IME, if it is requested, is an important milestone in your workers’ compensation claim. The results of this examination are critical when there are any issues that are in dispute. As such, you must be prepared for this examination if it is requested and know how to handle it.
If you have been requested to attend an IME, it may be a sign of trouble in your workers’ compensation case, and you should consider getting legal help. The experienced Denver workers’ compensation attorneys at The Frickey Law Firm can take on the insurance company on your behalf when necessary. Call our work injury law firm at 303-237-7373.
When an IME Is Requested and Why You Must Attend
There are two ways that an IME could be conducted in your workers’ compensation claim:
- The insurance company may request an IME when there are disputes about key medical issues in your claim, such as whether your injury is job-related or if you are able to return to work.
- The Colorado Division of Workers’ Compensation may request an IME after there is already a formal dispute in your case
Attending the IME is not optional, regardless of who has requested it. This examination has high stakes, and the results could determine whether you receive workers’ compensation benefits and how much money you may be eligible to receive. The IME is not the same thing as a routine doctor’s visit. The physician who is conducting the IME has a different purpose. They are not there to treat your injury. Instead, the physician is tasked with conducting an examination that will lead to an opinion about an issue that may be in dispute.
What Happens During an IME?
The IME will likely consist of two parts:
- You will be given a medical interview in which the doctor asks questions about things like how the injury occurred, your symptoms and the medical treatment you have received thus far
- The doctor may also perform a targeted physical examination relating to your injury that may include things like range of motion and strength tests
It is important to remember that the physician performing the examination is not the same one as your treating doctor. Their job is very focused. Specifically, they are providing an opinion about your disability or need for medical treatment. If the IME has been sought by the insurance company, you need to be wary of the doctor. The insurance company likely sends this doctor business on multiple occasions, and the fact that the physician is being paid by them makes it even more likely that they will render an opinion against your interests.
What Not to Do During an IME
Accordingly, you must be well prepared for how to deal with this doctor ahead of time. Know that everything you say can become evidence in a workers’ compensation hearing when there are any disputes. Doctors whom the insurance company hires are often well-trained in knowing the right questions to ask to elicit information that may harm your case. With this in mind, you must be careful in what you say to this doctor. Although you should answer questions truthfully and honestly, and you should not try to exaggerate your symptoms, you must also be careful not to tell them too much. Your answers should be focused and brief, even in the face of open-ended questions that are intended to get you talking.
You should not walk into an IME without some level of preparation. Even if you do not know exactly what the doctor will ask, you should have a general idea about how to respond to their questions. When you hire an Arvada workers’ compensation attorney for your case, they can help prepare you for the IME. If there are any unfavorable findings that come out of the IME, your workers’ compensation lawyer in Arvada can challenge them in a hearing. When the IME results come from an examination that has been ordered by the insurance company, it is possible to overcome them, especially when you have a contrary opinion from your own examining physician.
Contact a Denver Work Injury Law Firm
For advice on how to deal with an IME, and other legal matters relating to your claim, speak to a Denver and Arvada workers compensation lawyer at The Frickey Law Firm. You can schedule an appointment with one of our attorneys by filling out an online contact form or by calling us today at 303-237-7373.
Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.