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What to Do at a Workers’ Compensation Insurance Company Medical Examination

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

You’ve been injured at work, notified your employer and filed a workers’ compensation claim. You’ve received notice that you must submit to a physical examination by a doctor chosen by the workers’ compensation insurance company or by your employer. What’s the best strategy for how to handle this exam?

First and foremost, it’s important to be as honest as possible. Don’t exaggerate or minimize the impact of the injury. Be specific about what limitations the injury places on you. If you are still able to perform many of the daily tasks in your life, admit that. If you overstate the impact of your injury and the workers’ compensation insurance company sends out a private investigator who videotapes you doing things you said you couldn’t do, your claim will likely be completely rejected.

It’s also important, though, to remember that the doctors selected by the insurance company or your employer are not on your side. Your employer and the workers’ compensation insurance company both have a vested interest in denying or minimizing payment, and the doctor may try to intimidate you into making statements that compromise your workers’ compensation claim. One of the ways you can protect yourself is by videotaping the proceedings. You always have that right under the law. If the doctor refuses to let you film or record the exam, simply note that you appeared at the designated time and that the doctor would not allow you to tape the proceedings. That will protect your rights.

What to Do at a Workers’ Compensation Insurance Company 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

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.

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