An independent medical examiner is not the doctor who treats you for your work injury. Rather, they are a doctor who provides a “second opinion” at the request of the insurance company. Usually an independent medical exam (IME) is requested because there is some dispute about your claim. If you are asked to attend an IME, Illinois law says that you must comply. If you don’t show up, your benefits can be suspended.

When you go to the exam, the examining doctor will ask you a lot of questions about your injury, such as how you got hurt and how you’re feeling now. Usually there is a specific reason that the insurance company has requested an IME. They might be looking to find out whether you can return to work, how severe your injury is, how much your injury is worth, or whether your injury was caused by something other than your job. The doctor will produce a report and may testify to give their opinion.

We recommend taking the IME seriously. It’s important to not be defensive or angry during your IME. Answer the questions as honestly as possible. Don’t exaggerate anything. Be calm and respectful. We believe this approach gives you the best chance at a positive outcome.

It may sound like these doctors aren’t independent at all, and in some cases that’s true. Independent medical examiners are hired by insurance companies, and they often come out with findings on the insurance company’s side. However, not all examiners are hired guns. And thankfully the arbitrators usually know which ones to believe.

It’s very common for your treating physician to disagree with the IME results. For example, maybe your doctor thinks you need surgery but the IME doctor says you do not. This is where the experience of a good workers’ compensation attorney comes in. Your attorney will argue your case to the arbitrators and present your doctor’s opinion in the best way possible. The doctor who has seen you all along, rather the doctor who saw you just once, usually carries more weight.

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.

By Michael Helfand