What Are Your Rights During an Insurance Company Medical Examination?

When you’ve been hurt on the job and have filed a workers’ compensation claim, one of the first things you can expect is a notice from the workers’ compensation insurance company to see a doctor selected by the insurance company, so that you can have a medical exam. What are your rights during this examination?

The first thing to understand is that, even though the exam is referred to as an “independent medical exam,” it’s being conducted for the benefit of the insurance company. The insurance company did not randomly select a doctor to provide an “independent” exam. The doctor they chose is one that they use on a regular basis, one who typically provides a report favorable to the insurance company.

The notice you receive is known as an IME-5 form, and contains all pertinent information about the doctor who will perform the exam, as well as the date, time and location of the exam. The form will also have a section indicating whether the doctor will videotape or audiotape the exam. Whether or not the doctor chooses to videotape or audiotape the exam does not mean you cannot. In fact, under the law, you have an absolute right to record the exam. Furthermore, an insurance company cannot require that you provide notice that you will be recording the exam. If the doctor’s office tells you that you cannot record the exam, you should politely tell them that you won’t be examined unless you have the opportunity to tape it. If the doctor still refuses to allow the exam to be recorded, you have the right to leave without being examined, but you should note that you arrived as requested in the IME-5 form.

Your Rights During an Insurance Company Medical Exam

Experienced Workers Compensation Attorneys in New York

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our workers comp practice area overview page.

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