A reader asks:
I have to go to an IME. Am I allowed under Illinois law to record the exam with audio and video?
The answer to the question is that you are not allowed to do this without the permission of the doctor. And there is no doctor in the world that we know of who would agree to this.
Remember, this doctor isn’t seeing you for your benefit. He’s seeing you for the benefit of the insurance company. He doesn’t owe you any courtesy and isn’t looking out for your best interests. If you try to bring in a video recorder, it will put him/her on the defensive and probably cause them to make assumptions about your character that you don’t want to be made. If they put that in a report, an Arbitrator could see it and it could hurt your case.
I’ve seen this happen three times and all three times the doctor ripped apart the injured worker. If you insist on bringing in recording equipment and the doctor refuses to examine you, it could result in you losing your benefits for not cooperating with an IME.
As a lawyer, I try to be solution focused. The concern in going to an IME is that the exam will last 2 minutes, the doctor won’t really examine you and they’ll write a report that refutes everything your treating doctor says. When they testify they won’t admit that they are a hired gun, so showing what they did or didn’t do can help your case. So how can you do this in a non-threatening manner?
Ask if your spouse or friend can sit in with you. Don’t say why and if they ask just state that it would make you feel more comfortable. That person can potentially be a witness to refute the report the doctor will prepare.
If they won’t let you bring someone in the room with you, slyly hit the stopwatch on your phone or otherwise look at your watch as soon as they walk in and again when they walk out.
When you leave the exam, go to your car and in a journal write down all the questions they asked you, what exams they did, etc.
In the end though, don’t freak out about the exam. If your doctor is in your corner and is credible then in most cases you will win any dispute even if the IME doctor finds against you. It may result in a delay of your benefits, but if you have the right attorney in your corner, that problem can be overcome. Some IME doctors are hired guns who make six figures a year off of these exams and don’t want to lose that income stream. But others will give an honest opinion. You should ask your lawyer about the doctor you have to see and their reputation.
Bottom line though is that you have to attend this exam so freaking out won’t help you. Just be as prepared as possible because no matter the situation that always gives you the best chance for a good result.
We are workers’ compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
