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Your Rights When You Submit to a Medical Examination

Your Rights during a Workers’ Compensation Medical Examination

Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Under New York’s workers’ compensation laws, when you have suffered a work-related injury and seek workers’ compensation benefits, your employer has the right to require that you be examined by a licensed physician chosen by the company or the workers’ compensation insurance provider. Theoretically, it’s an “independent” examination, designed to objectively determine whether your injury prevents you from working. In reality, though, they’ll look for any way to reject your claim, so that your employer and the workers’ compensation insurer minimize their financial losses.

When you are being examined by a company-selected doctor, the most important rule is “be honest.” Don’t minimize your injury, but don’t exaggerate it, either. If your injury allows you to walk, but only with substantial pain, don’t tell the doctor you can’t walk at all. If you do, and are subsequently videotaped walking from your car to the house or in your back yard, you may put your claim at risk, even if you experienced substantial pain when you walked.

In addition, be thorough. Make certain you tell the doctor about everything that happened and anything that’s out of the ordinary. Don’t focus on the obvious injury and neglect to tell the doctor about sprains, strains or other injuries that are not as visible.

You have the right, should you choose to do so, to have your medical exam videotaped. If you are concerned about how your injuries might be evaluated, talk to your attorney about protecting your rights with a videotape.

Your Rights during a Workers’ Compensation Medical Exam

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

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

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of 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.