Should I Have an Independent Medical Examination for a Workers’ Compensation Claim?
When it comes to dealing with workers’ compensation claims, you may hear about something called an Independent Medical Examination (IME), or as it’s known under the Illinois Workers’ Compensation Act, a “Section 12 exam.” It’s actually a tool frequently used by insurance companies to shape the trajectory of your claim. But should you comply with it?
The Section 12 Conundrum
The Section 12 exam isn’t a friendly affair for injured workers. Typically, the doctor conducting the exam is chosen by the insurance company and their opinions can heavily influence your case. If their assessment leans towards your ability to return to work, discontinuation of benefits could be on the horizon. Even worse, if they suggest your injury isn't work-related, benefits may be denied altogether.
Navigating the Examination
Despite the possible negative implications, attending the Section 12 exam is mandatory under the Illinois Workers’ Compensation Act. However, your obligation doesn’t extend beyond attendance. Here are some tips to navigate the process.
Reimbursement Matters: Ensure you’re adequately reimbursed for travel expenses, including tolls and meals if the examination spans a significant portion of your day.
Document Handling: While you’re not legally required to bring medical records, having diagnostic tests like x-rays or MRIs can expedite the process. Just remember, these are your documents, and you should retain possession.
Solo Encounter: Expect to face the doctor alone. An attorney won’t typically be able to accompany you. So be mentally prepared for it to be you, the doctor and occasionally a nurse case manager.
Bracing for the Examination
During the exam, be ready to talk about your injury, treatment and how you’re feeling—but don’t be surprised if the doctor’s check-up feels quick. They’re mainly looking for signs that might suggest you’re not being completely honest about your symptoms. Also, don’t expect the doctor to give you instant feedback or a copy of their report. Usually, that report goes straight to the insurance company, and you may need some legal assistance to gain access.
Seeking Local Legal Guidance
Facing a Section 12 exam can be daunting, but you don't have to navigate it alone. Consulting with an experienced attorney at Black & Jones can arm you with the knowledge and strategy needed to protect your rights. With our expertise in handling these examinations, we can prepare you for what lies ahead and formulate a strong defense for your claim.
For your free consultation, call Black & Jones Attorneys at Law at 815-967-9000 or fill out the form to get started today!