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You Have Rights at an Insurance Company “Independent” Medical Examination

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

When you have suffered an injury on the job in New York, you have the right to seek workers’ compensation benefits for any disability you suffer. Once you’ve notified your employer of the accident or injury, your employer will typically require that you submit to an “independent” medical examination conducted by a physician chosen by the workers’ compensation insurer. As a practical matter, it’s not what you’d consider a truly independent or unbiased exam—the doctor is looking for evidence that your claim is not as severe as you say it is, or that it was sustained outside of work.

Under the law, you must undergo the examination. That doesn’t mean, though, that you don’t have rights:

  • You have the right to record the examination—You may either videotape or conduct an audio recording of the exam, even if the doctor tells you in advance that you cannot. You don’t necessarily need sophisticated recording equipment—a recording on your smartphone will be sufficient. If you are not allowed to record the examination, you can respectfully decline to be examined.
  • You are allowed to take a person with you to your examination—that can be anyone, from a family member to your attorney.
  • You have a right to request that the doctor put everything you’ve said in writing.

You Have Rights at an Insurance Company “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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