If there is a dispute about whether your injury is work-related or if medical treatment is related to the work injury, the insurance company will likely require you to go to a doctor of their choosing who will perform an Independent Medical Examination (IME). Colorado Law requires that you attend the IME. Here is some helpful information should you be in this position:
- The IME physician must record (audio) the IME, so there will be a clear record of what is said
- You should only be asked questions that are relevant to your injury, including past injuries, conditions, and treatment to relevant body parts.
- Only answer the question the physician asks you, do not offer any additional information.
- Assume you are being watched and evaluated from the moment you exit the car until the moment you return to your car. Do you have difficulty walking? Sitting? Need to get up and move around frequently? Sitting comfortably in their waiting room for an hour could raise questions if you report difficulty sitting for long periods.
- If driving or sitting for prolonged periods is a problem for you, ask the insurance company to provide transportation. If you say you cannot drive or sit for long, then drive two hours to the IME, it will raise questions.
- Review your records prior to the IME, make sure whatever you tell the physician is consistent with what you have been reporting to treating physicians, to your employer, and to the insurance company.
- Give full effort during the physical examination portion of the IME. The physician can tell if you are self-limiting.
In all likelihood, the opinions offered by the IME will not be in your favor. This is about damage control. If you have an IME scheduled and have questions, contact my office for a free consultation at (970) 506-3892 or brett@walshadamslaw.com.