The Independent Medical Examination Role in Workers’ Comp Cases

 Posted on January 15, 2025 in Workers' Compensation

Workers who are injured on the job are entitled to workers’ compensation benefits. Under the Illinois Workers’ Compensation Act, this is a no-fault wage replacement system that pays lost wages and medical benefits regardless of how the accident occurred. Workers’ compensation protects employers from lawsuits in most cases unless the injury results from willful or deliberate safety violations on the part of the employer—but this is rare.  

Most workers in the state are covered under workers’ compensation, including those hired in Illinois but injured while working in another state when the employer’s primary place of business is in Illinois. Depending on the situation, independent contractors may be eligible for benefits.

When you file for workers’ compensation, you may be asked to undergo an independent medical examination – i.e., from a medical provider other than your normal doctor. It is important that you speak to a knowledgeable Plainfield, IL workers’ compensation attorney as soon as possible after your workplace accident.

What is an Independent Medical Examination?

Workers injured in the workplace are often required to follow a complicated process when filing a workers’ compensation claim. One part of this process is an independent medical examination. The employer or the insurer may request this examination, and either the employer or the insurer also gets to choose the physician.  

Since this examination can make or break a workers’ compensation claim, it should always be taken very seriously. The chosen doctor will review the worker’s medical records, examine the worker, and submit a report that details the injury and the expected course of treatment. The goals of an independent medical examination include:

• The doctor will determine the nature of the work injury and how extensive the injury is.
• The cause of the injury will be determined to the extent possible.
• A diagnosis will be made, along with treatment recommendations.
• Any work restrictions will be provided.
• A target date for maximum medical improvement will be set by the physician.

Independent medical exams are sometimes used to challenge an employee’s eligibility for workers’ compensation benefits.

Can a Worker Refuse an Independent Medical Examination?

Workers are not allowed to refuse or delay the independent medical exam. If they do so, compensation can be temporarily suspended until the examination is completed. Virtually every interaction with the doctor in an independent medical examination is important. Workers should prepare with their attorney for this examination and should never provide exaggerated or inaccurate information.

What is the Independent Medical Examination Process?

Either the insurer, its legal counsel, or your employer will let you know the examination has been requested. This request is usually in writing and will detail any medical records or documents you need to provide during the examination. Your medical records will help the examiner understand your medical history while performing a thorough physical examination.

The examiner will determine the extent of your injuries and the impact those injuries have on your ability to work and engage in normal day-to-day activities. Following the examination, the examiner will prepare a detailed medical report that includes findings, opinions, and conclusions. This report can be used as evidence in legal proceedings and can help determine compensation and the need for further medical treatment.  

How to Prepare for the Independent Medical Examination

There are several ways to prepare for your IME:

• Plan to arrive at least 30 minutes early.
• Always be honest, yet cautious, when speaking to the examiner.
•  Consider bringing a friend or family member along as your witness.
• As soon as possible, jot down notes regarding what was said and done during the examination.

Contact a Will County, IL Workers’ Compensation Lawyer

If you have filed for workers’ compensation, it is important that you have a strong legal advocate by your side. A Plainfield, IL workers’ compensation attorney from Flaherty Law, LLC can help you get the benefits you need and deserve. Attorney Flaherty has the skills and determination to stand up to employers and insurance companies who want to avoid paying deserved benefits. Call 815-577-7500 to schedule your free consultation.