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Protecting Yourself during a Workers’ Compensation Insurance Company Medical Examination

Know Your Rights before You Submit to an Independent Medical Examination

New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers

After you have been hurt on the job, you’ll most likely receive a request from the workers’ compensation insurance company, asking that you submit to an independent medical examination by a doctor chosen by the insurer. It’s referred to as an “independent” medical exam, but that term is a bit misleading. The doctor will be hired by the workers’ compensation insurer and will have a vested interest in finding some reason to diminish or deny your claim.

Your Rights at an “Independent Examination”

Before your examination, you’ll receive a document known as an IME-5, which contains the details about the doctor and when the exam is scheduled. On the form, the doctor will indicate whether or not the examination will be videotaped. Whether or not the doctor chooses to videotape the proceeding, you have the right to do so.

We have seen insurance company doctors use a variety of tactics to try to deny you the right to record the examination. The doctor cannot require that you provide advance notice of your intent to videotape. The doctor cannot tell you, when you arrive for the exam, that videotaping is not allowed. If the doctor does, you have the right to refuse to submit to the exam. You should note that you were present for the exam, so that it doesn’t negatively impact your case.

Know Your Rights before You Submit to an Independent Medical Examination

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx 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 practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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