Independent Medical Examinations in Workers’ Compensation Cases

After a workplace accident or incident there are many protocols that must be followed. Failure to follow the proper procedure could negatively impact you or your loved one’s claim. One issue you or your loved one may face is that you may be ordered to undergo an independent medical examination. While it is important to follow the requested procedures, it is also important to speak with an experienced attorney to assist you in your claim. To obtain assistance in filing or receiving a workers’ compensation claim, contact Colombo Law today for a risk-free initial consultation.

What is an Independent Medical Examiner?

An Independent Medical Examiner is one tasked with examining a personal injury victim’s overall health to determine whether the individual’s claims regarding health conditions may be supported. An independent medical exam is supposed to be conducted by a doctor who is unaffiliated with any of the parties in a case. This is intended to allow for an objective assessment of one’s health condition to determine the appropriate treatment options for an injured party. However, the insurance company for the Employer typically has the right to choose the person who will conduct the examination. This practice has been highly criticized as the doctors are paid by the insurance companies and receive future referrals after cases in which a favorable result occurs.

When is an Independent Medical Examination Necessary?

Usually, independent medical examinations are requested in highly contested cases where the parties to the case are disputing something related to the worker’s injuries. In most cases, an Independent Medical Examiner is requested in cases where there is a dispute about the worker’s injuries, treatment options, or the necessary length of recovery.

What to Expect at an Independent Medical Evaluation

When you attend an independent medical exam, the doctor is supposed to look at your history, illness, and present symptoms to determine your injury and the severity of the same. While the doctor may rely on a variety of documents regarding your case, he or she should conduct his or her own assessment to determine the severity of an injury and the best treatment options. It is important to understand that an Independent Medical Examiner is not your doctor and does not work for you. Anything that is said during this type of examination may be recorded by the doctor and, in some cases, used against you at a future proceeding.

Contact Colombo Law

The Colombo Law firm is located in Morgantown, West Virginia. We are highly experienced personal injury lawyers who successfully handle hundreds of personal injury claims each year, obtaining justice and monetary relief for our clients.

Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county. If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation to get you or your loved one the assistance you deserve.


by Colombo Law
Last updated on - Originally published on