Independent Medical Evaluations – The Workers Compensation Act from time to time allows carriers to send injured workers to what they call independent medical evaluations. The requirement is usually that that doctor hasn’t treated you before and isn’t associated with the doctor who is currently treating you.
Independent Medical Evaluations
There’s no patient-physician privilege attached to this examination, which means the doctors can pretty much do and say whatever they wants outside of hurting you from a physical standpoint. When an injured worker is sent for one of these examinations, the carrier is trying to limit benefits.
What happens in an Independent Medical Evaluation?
There are a few rules about these examinations, the doctor has to videotape them and provide you with a report at the same time he gives it to the insurance company.
When you’re going to an independent medical evaluation it’s important to tell the truth, not overemphasize or underemphasize your pain complaints.
These examiners that are paid for by the carrier do things to try to trick the injured worker into doing things that they shouldn’t be doing, for example if you have a back injury the doctor might drop a pen just to see if you pick it up, or they could give you a bottle of water to see if you would bend over or reach for it.
What should I do if I have an Independent Medical Evaluation?
We always advise to be very aware of your surroundings when you get in and out of your car, as you go to the waiting room, from the waiting room to the examine room, and as you get on and off the examining table, because all your movements are being watched, and it’s an opportunity for the doctors to state things on paper that can really jeopardize your rights as an injured worker.
In our experience, many of the doctors who see injured workers for the insurance carriers are good doctors and they try to make a good call, but there are a number of doctors who are really there only to help the insurance company deny part or all of your claim, that’s why it’s important to call an attorney if you’re sent to an independent medical exam.
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If you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98, all of our consultations are free and confidential.
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