Workers’ compensation claims and medical examinations

PI Are you obligated to attend an IME arranged the insurer in your WC claim KE

What is an IME?

Insurers commonly arrange for an injured worker to attend an “IME assessment.” This is an assessment conducted by an ‘independent medical examiner’ (not your treating doctor) to address certain issues for the insurer. The IME report can have significant impact on a worker’s entitlements and in certain circumstances, the insurer can rely on the IME report to deny the claim completely.

Do workers have to attend an IME?

It is a misconception that workers have to attend any IME assessment arranged by the insurer. A worker is only required to attend an IME assessment if it is arranged in accordance with the Guidelines.

An IME assessment has been appropriately arranged if:

  1. There is proof that the insurer has contacted or attempted to contact your treating doctor(s) to request the information they need, and the information received is inadequate, unavailable or inconsistent, and the insurer is unable to resolve these issues directly with your treating practitioners.
  2. The IME has been arranged with an independent medical practitioner whose qualifications are relevant to your injury.
  3. The IME’s rooms must be within a reasonable distance to you and that you are able to travel to (having regard to any travel restrictions).
  4. The IME has been arranged at a reasonable date and time and you have been informed of all relevant details of the IME in writing at least 10 working days before the IME (unless exceptional circumstances exist).

Insurer’s regularly (incorrectly) threaten the cessation of entitlements if their requests to attend an IME are not adhered to. We, at Lionheart Lawyers, have protected many workers from potentially harmful and biased medical examinations.

Contact your workers’ compensation specialists at Lionheart Lawyers today to discuss if you are obligated to attend an IME assessment, and to ensure that you are pursuing all of your workers compensation entitlements.

At Lionheart Lawyers, we are ready to fight for you.

Important Disclaimer: The material contained in this publication is of general nature only and is based on the law as of the date of publication. It is not, nor is intended to be legal advice. If you require further information on the content of this publication, please contact our office on 9299 0112.