Content reviewed by:
Alex Shulman
An IME, or independent medical exam, is ordered by an insurance company to establish your physical condition. Missing this appointment can have serious consequences, such as a denial of benefits, losing a lawsuit, or even court sanctions.
The insurance company chooses the physician performing the exam, and their opinion is only one part of your claim. If you disagree with their findings, your attorney can challenge their assessment with evidence and medical examination records.
IMEs are common in workers’ compensation cases. If your employer’s insurer has delayed or denied your claim, contact our New York City workers’ compensation lawyers for help. Our team has over 200 years of combined legal experience. Call today to schedule your free consultation.
Understanding the Independent Medical Exam
An Independent Medical Examination (IME) is a medical check-up requested by an insurance company, employer, or another party in a legal case. The doctor who conducts the exam is usually chosen and paid by the insurance company on the defense side, not by you.
After the examination, the doctor will write a report that the insurance company can use to make decisions about your benefits.
Even though the doctors who do Independent Medical Exams are often hired by insurance companies, they are expected to give an unbiased medical opinion. The IME doctor is not your personal doctor and does not have a doctor-patient relationship with you.
What Happens During an IME?
It’s always stressful when you are injured and involved in legal action. When the insurance company adds another step, like a mandatory medical exam, it can be intimidating. It’s important to understand that this is a routine event.
During your exam:
- The doctor will ask about your injury, symptoms, prior medical conditions, work history, and daily activities.
- The exam may include range-of-motion testing, strength tests, neurological checks, and other evaluations related to your injury.
- The doctor typically reviews your medical records, imaging studies, and prior reports before or after the examination.
- The IME physician prepares a report summarizing findings and offering opinions on diagnosis, causation, treatment, work restrictions, and disability status.
If you believe the examiner misunderstood your condition or made an error, your attorney can help you challenge their decision. This usually involves presenting your own records and expert opinions to show your condition.
Do You Have to Attend the Independent Medical Exam?
If you have filed a workers’ compensation claim or personal injury lawsuit, you are generally required to cooperate with reasonable requests for medical examinations. Failure to attend without a valid reason can have serious consequences.
This can include:
Suspension or Termination of Benefits
In workers’ compensation cases, insurance companies often claim that if you miss appointments, it means you are not cooperating. This can lead to your payments being stopped and your wage loss or medical benefits being temporarily suspended.
Court Sanctions
If you do not attend a court-ordered Independent Medical Examination in a personal injury case, you may face penalties from the judge. These penalties can include making you pay for the missed appointment, limiting your medical evidence, or even dismissing parts of your claim.
Damage to Your Credibility
Not attending an Independent Medical Exam can damage your credibility. The other party may claim you are avoiding the exam because your injuries aren’t as serious as you say. Even if that’s not true, missing the appointment might weaken your case.
What to Do if You Missed Your Independent Medical Exam
It is reasonable to miss your IME for serious reasons such as emergencies, illnesses, or automotive breakdowns. However, simply forgetting is not an acceptable excuse.
If you have missed your IME, it is important to take immediate steps to mitigate the damage:
- Contact Your Attorney: If you have legal representation, your lawyer should be informed right away. They can communicate with the insurance company or opposing counsel and work to reschedule.
- Contact the Scheduling Office: Explain the reason for your absence and request a new date.
- Document Your Reason for Missing the IME: Keep records of medical emergencies, vehicle issues, or other circumstances that prevented your attendance.
Get Help From Our Workers’ Comp Lawyers in New York
An insurance company orders an IME to get another opinion on your condition during a lawsuit or benefits claim. If you miss this appointment, there may be serious repercussions that could greatly complicate your case and even lead to legal issues.
Attending an IME may seem intimidating, but it is a normal part of many claims. By attending the exam, arriving on time, and complying with the doctor’s requests without offering too much information, your appointment should go smoothly.
Our team at Shulman & Hill Injury Lawyers will protect your rights and prevent insurers from taking advantage of you. We’ve served more than 26,000 clients since 2013. Every Borough, Every Block, New York, We Got You. Contact us now for your free consultation.
