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Michael J. Duber and Brandon T. Duber

Avoid these independent medical examination mistakes

Nov 20, 2024 |

If you’ve been injured at work, then you need compensation to help advance your recovery and secure financial stability. Workers’ compensation benefits might provide the relief that you want, but securing these benefits is sometimes easier said than done. After all, there are a lot of legal nuances that define the system, and claimants often make mistakes that leave their claim susceptible to denial.

One aspect of the workers’ compensation claim process that leaves many injured workers on edge is the independent medical examination. This examination is conducted by a medical professional, who is chosen by the insurance company, to evaluate your injuries and your medical record to come to an unbiased opinion as to whether your injuries were job-related and whether they prevent you from working.

That said, many of these examiners are contracted with the insurance company, which draws their objectivity into question. That’s why it’s imperative that you carefully navigate this part of your workers’ compensation claim and avoid making mistakes that could cost you the benefits you deserve.

Avoid these mistakes during your independent medical examination

The workers’ compensation claims process can be a minefield of mistakes waiting to happen. You can avoid making one of those errors, though, by being cognizant of them. Here are some common mistakes regarding the independent medical examination that you’ll want to avoid:

  • Exaggerating: The medical examiner will give you an opportunity to tell the story of your accident injuries. When you lay out the facts, be careful not to exaggerate the severity of the accident or the extent of your injuries. Exaggeration will be sniffed out, and when it is, it’ll be used against you.
  • Minimizing your injuries: On the other hand, you don’t want to minimize your injuries so much that the medical examiner finds that your injuries don’t prevent you from working. So, practice telling your story ahead of time so that you can be open, honest and accurate about the severity of your injuries.
  • Being inconsistent: You’ve probably already told your story a handful of times before you get to the independent medical examination. Be sure that your story remains consistent over time. Any inconsistencies could be seen as an attempt to manipulate the system, and it opens your claim up for interpretation that could wind up unfavorable to your position.
  • Failing to record the examination: Keep in mind that these examinations are a tool that insurance companies use to try to deny workers’ compensation claims. So, if you want to challenge the accuracy of your independent medical examination as a way to preserve your claim, you’ll have to accurately recall how the examination fell short. This can be hard to do as an individual who isn’t well-versed in the medical field. By recording the examination, though, you and your experts can refer to it to better articulate why the independent medical examination shouldn’t be trusted.

Engage in thorough preparation to protect your workers’ compensation claim

There’s a lot of prep work that should go into your independent medical examination. Be prepared to avoid giving lengthy answers that could open you up to further questioning, be ready to participate in tricky tests aimed at getting you to claim there’s pain that shouldn’t exist, and prepare yourself for the doctor’s suggestion of alternative causes of your injury. Although the independent medical examination process can be stressful, you can still navigate it in a way that protects your interests.

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