Tag Archives: doctor

What’s an IME (Independent Medical Examination)?

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My employer just set me up for a “second opinion” or IME with another doctor. What is that?

An IME is an abbreviation for an independent medical examination. The purpose of an IME is seeking a second opinion from a non-treating doctor for your work injury in order to obtain an opinion on pretty much anything regarding your workers’ compensation injury: medical causation, diagnosis, treatment, restrictions, impairment, etc. The IME doctor, however, does not actually provide any treatment him/herself. The IME doctor merely dictates a report with his/her evaluation, opinions, and recommendations.

An IME can be requested by the plaintiff or defendant in a workers’ compensation claim. Although “independent” is in the name, oftentimes these exams are not independent at all. In fact, there are three different types of IMEs in Nebraska, and not all would be considered “independent.”

  1. An IME may be requested by plaintiff. In this scenario, the injured worker can choose his/her own doctor with the cost paid by that worker or that worker’s lawyer; 
  2. An IME may be requested by both parties. If there is a medical dispute, the parties can agree to an IME doctor, or have the court appoint an IME doctor, the cost of which is borne by the employer or insurance company; and
  3. An IME may be requested by defendant. The employer or insurance company may choose its own doctor much like the worker can choose a doctor. The cost of this IME is borne by the employer.

Injured workers must be cautious of both #2 and #3 above. In #2, the IME opinion may be binding on both parties at trial if the doctor was agreed to by the parties. Without proper knowledge of the doctor involved, the injured worker may not know that a particular doctor is employer-friendly and is not likely to provide the worker with a favorable opinion.

Under #3, the injured worker must also be cautious. The worker cannot outright refuse to attend an IME, so the worker needs to be on his/her toes with the doctor, because the doctors hired by the insurance companies will go to great lengths to please the insurance companies that pay them big bucks for these IMEs (to the detriment of the worker). Sometimes that can mean denying further treatment for an injury or stating that a worker is “malingering” – or faking – an injury just because a worker didn’t look like he was hurt when he was getting out of his car in the parking lot. In other words, be warned that the doctor is always watching you during these IMEs.

Other advice that I give my clients before going to an IME is to be honest about all prior injuries, because the IME doctor will probably know more about your medical history than you. Be professional at the appointment and non-confrontational. Finally, bring a friend or family member with you to the IME. This can keep the IME doctor more honest hopefully, and can give the worker an additional “witness” about the examination when it comes time for trial.

Probably the best advice for anyone being sent to an IME is to contact a lawyer immediately. Chances are very good that your claim will be denied once you have been sent to an IME, and the sooner you contact a lawyer at that point, the better.

 

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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If I am Hurt on the Job, What Should I Tell My Doctor?

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One of the most important parts of any case is the history of your injury that you provide to your doctor when you first see him or her.

If you were hurt during a specific incident, make sure to tell your doctor how you were hurt, when you were hurt, where the injury took place, and who else was present. Tell him about the pain and symptoms that you have been experiencing. Also be sure to describe in detail all of the body parts that you have injured. Even if one injury hurts more than the others, make sure to tell your doctor about every single injury.

If you have been hurt by repetitive-work activities, be specific about the number of movements that you make. For instance, tell your doctor about the number of times you lift or grip things in an hour, day, or week.

If you have been hurt by exposure at work, whether it is to a hot, humid environment, chemicals, or any other environmental condition, be specific when you tell your doctor about the pain and symptoms that you have due to that exposure.

If you leave work and become better, and then return to work and experience an increase in your symptoms, be specific when you tell your doctor about any changes in your condition.

It is important to be accurate and honest the first time that you seek treatment with your doctor, for both your health and your workers’ compensation claim.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Doctor, workers comp basics, Workers' Compensation, Workplace Injury and tagged , , .

Returning to Work Shouldn’t Be This Hard

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Communicate with your doctor and follow a few guidelines to stay safe when you return to work.

In virtually all workers’ compensation cases an injured worker has to return to work in some capacity. Often these are very stressful situations and it is not uncommon for issues to arrise including conflict with an employer over what a safe return to work actually is. Your goal should be to continue to earn a paycheck while at the same time not risking further injury. Many times this is easier said than done.

Whether it’s a supervisor who ignores your restrictions or a human resources department that actively skirts them, issues frequently come up. We see employers do everything from requiring an injured worker to lift or stand more than they should, to pressuring an employee to return to work the day after a surgical procedure.

You can expect that a nurse case manager or HR specialist from your employer is communicating with your doctor’s office about your return to work. Sometimes they may misrepresent the work that they expect you to do upon your return. It is your job to fill in the gaps.

The most important thing an injured worker can do is communicate with his or her treating physician.

  1. Educate your doctor about the job you were doing when you were initially hurt.
  2. When you are assigned to work, educate your doctor about the light duty job you are doing.
  3. If you are assigned to a job that is difficult for you to perform due to your injury, talk to your doctor about what aspects of that job are difficult. The doctor will likely be willing to restrict you from doing that specific activity.
  4. If your employer is Continue reading
The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Doctor, Workers' Comp' Basics, Workers' Compensation and tagged , , , , .