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.
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.