IMEs – independent medical exams – are a required part of a Workers’ Comp claim. You may need to attend these as part of your initial claim or, after being on Workers’ Comp for a while, up to twice a year, going forward. If you miss this exam, it can jeopardize your claim, but there is time to act.
First, if you are going to miss the appointment, try to reschedule it first before missing, and notify the insurance carrier of the problem/excuse that’s causing you to miss. After you miss the exam, the insurance carrier may contact you to reschedule or seek a court order for you to attend. If you can reschedule and follow through this time, it might avoid any issues. If you continue to miss IMEs, it can lead to termination or suspension of benefits.
For help with your case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 right away.
Steps to Take if You Can’t Make Your IME
If you know that you are going to miss your IME date, take the following steps first:
Talk to Your Lawyer
Your Pennsylvania Workers’ Comp attorney can help you reschedule and understand the consequences of missing. If you have enough notice, your lawyer may also be able to give you additional advice as to how to avoid missing the appointment.
Notify the Insurance Carrier/Doctor
Call ahead if you have issues. Do not just miss the appointment; let them know why you are missing. Only provide them with true excuses or reasons, and do not exaggerate medical conditions or injuries.
An IME is an incredibly important appointment, and you should not be missing for a weak excuse. Try not to miss it for anything but the most important things, like medical issues for yourself or a loved one.
Reschedule
If you can reschedule the IME right away, then you probably will not face further issues. If the insurance carrier sees that you have repeatedly rescheduled the appointment, it may start to look like you are avoiding them.
Attend the New Appointment
Lastly, you should follow through. Do not miss the IME appointment again and you should typically be able to avoid issues.
What Can the Insurance Carrier Do if I Miss an IME?
The insurance carrier/your employer can take steps to terminate or suspend your Workers’ Comp coverage, but they usually take a few steps first:
Contact You
They may contact you to question why you missed the appointment and get you to schedule a new one. Be sure to check your schedule when they do this to make sure you will not miss the rescheduled date.
Seek a Court Order
If you continue to miss appointments or fail to attend the IME after that, they can go before the Workers’ Comp Judge and seek a court order to make you attend.
They cannot do anything extreme like arrest you and drag you into a doctor’s appointment; it is still up to you to follow through with the court order. However, failing to follow a court order can put you on the WCJ’s bad side and jeopardize your claim.
Seek Termination/Suspension
If you repeatedly fail to attend the IME or ignore the court order to attend, your employer and their insurance carrier can seek to have your benefits immediately suspended and perhaps terminate the case entirely.
Only once you attend the IME do you get the chance to turn your benefits back on.
How to Avoid Missing an IME
Some of these tips might seem obvious, but they are important steps to take to help you avoid missing an IME.
Check Your Schedule First
Make sure when you make the IME appointment that you are free the whole day. These exams can take some time, and you should leave time on either side for travel.
Set Reminders
Make sure to set calendar reminders, alarms, or notes to help you avoid missing the appointment, especially if you are prone to forgetting or your disability affects your memory.
Arrange Transportation Through the Insurance Carrier
Often, the insurance carrier can be the one to pay for your transportation to the IME. If you have special transportation needs because you are in a wheelchair or on bed rest, then they can bring the transportation to you. This makes it much harder to miss the appointment for travel reasons.
FAQs for Workers’ Comp IMEs and Missed Appointments
Can You Lose Your Case if You Miss an IME?
Yes. While it usually takes more intentional behavior than accidentally missing one scheduled IME date, it can jeopardize your whole case and potentially lead to termination of benefits if you repeatedly miss.
What Happens at an IME?
A doctor chosen by your employer/their insurance carrier will examine you to determine your current condition, abilities, and other factors about your disability. This is essentially there to have their chosen doctor make sure you are still disabled.
Can You Get Paid to Go to an IME?
You can be reimbursed for travel expenses plus any wages you miss to attend the appointment, but Workers’ Comp does not directly pay you to go to an IME.
Can You Set up Your Own IME?
You must set up your IME appointment through your employer/Workers’ Comp carrier. This is “independent” on their side, as in they get to choose the doctor. That means you have to schedule it through them and go to their chosen doctor.
If you have a bad IME that provides bad evidence for your case, we can schedule our own medical exams with doctors we choose to review the IME’s findings and counteract that bad evidence with positive doctors’ reports. These exams are not called “IMEs.”
Call Our Workers’ Compensation Lawyers Today
Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Philadelphia Workers’ Comp lawyers.
