What Happens When Your Employer Schedules You To See a Doctor For an Independent Medical Examination?

March 30, 2021
Stern & Cohen
Quick Answer

An Independent Medical Examination (IME) is an evaluation requested by an employer or insurance company to assess an injured worker’s condition and ability to work. In Pennsylvania workers’ compensation cases, IMEs are commonly used to determine whether an injury is work-related, whether medical treatment remains necessary, or whether the worker has recovered enough to return to work.

What Is an Independent Medical Examination (IME)?

If you’ve been injured at work in Pennsylvania, you may receive a letter scheduling you for an Independent Medical Examination, commonly called an IME.

An IME is a medical examination requested by your employer or its workers’ compensation insurance company. Under the Pennsylvania Workers’ Compensation Act, employers have the right to request that injured workers attend these examinations.

Although the doctor is called “independent,” the IME physician is selected and paid by the employer or insurance company—not by you.

Understanding what to expect can help you prepare and protect your workers’ compensation claim.

Who Schedules the IME?

Your employer or the insurance company chooses the doctor and schedules the date, time, and location of the examination.

The appointment must be scheduled at a reasonable time and place.

If you have moved out of Pennsylvania after your work injury, the insurance company generally cannot require you to travel back simply for an IME. Instead, they must arrange for an examination closer to where you now live.

If you do not have reliable transportation, the insurance company is generally responsible for arranging and paying for transportation to and from the appointment.

Can You Be Required to Attend More Than One IME?

Yes.

Depending on the nature of your injuries, you may be required to attend multiple Independent Medical Examinations.

For example:

  • A worker with a shoulder injury and PTSD may be examined by both an orthopedic specialist and a psychologist.
  • A construction worker with a concussion and neck injury may be evaluated by both a neurologist and an orthopedic physician.

Each specialist evaluates a different aspect of your work injury.

What Happens If You Miss an IME?

You should always take an IME appointment seriously.

If you fail to attend, your employer may file a Petition for Physical Examination with the Workers’ Compensation Judge.

If the judge orders you to attend a future IME and you fail to appear without a reasonable excuse, your employer may ask the court to suspend your workers’ compensation benefits until you comply.

Whether an excuse is considered “reasonable” is entirely up to the Workers’ Compensation Judge.

Simply forgetting the appointment, lacking transportation without notifying anyone, or being out of town are often not considered sufficient reasons.

What Happens During an IME?

The IME doctor is not your treating physician.

Their role is simply to evaluate your condition and prepare a report for the employer or insurance company.

During the examination, the doctor will typically:

  • Review your medical records and diagnostic studies.
  • Ask questions about your work injury.
  • Discuss your medical history.
  • Ask about prior injuries.
  • Perform a physical examination.
  • Evaluate your physical abilities and restrictions.

Depending on the physician, the appointment may last anywhere from 15 minutes to an hour.

Be honest and accurate when answering questions. Never exaggerate your symptoms, but don’t minimize them either.

What Happens After the IME?

Within a few weeks, the doctor will issue an IME report.

In many Pennsylvania workers’ compensation cases, the report reaches one of three conclusions:

  • You did not suffer a work-related injury.
  • You have fully recovered and can return to unrestricted work.
  • You still have work-related injuries but can perform modified or light-duty work.

While these opinions often favor the employer or insurance company, they are only one piece of evidence in your case.

Your treating physicians will also have the opportunity to provide opinions regarding your condition and ability to work.

How a Pennsylvania Workers’ Compensation Lawyer Can Help

One of the biggest advantages of having a workers’ compensation attorney is the ability to challenge the IME doctor’s opinions.

During litigation, your attorney can question the IME physician under oath about:

  • Their examination.
  • Their opinions.
  • Their report.
  • How much they were paid.
  • How often they perform IMEs for insurance companies.

At Stern & Cohen, we work to demonstrate when an IME doctor’s opinions are biased and explain why your treating physicians’ opinions deserve greater weight.

Talk to a Philadelphia Workers’ Compensation Lawyer

Receiving notice of an Independent Medical Examination can be stressful, but you don’t have to face the process alone.

At Stern & Cohen, our Philadelphia workers’ compensation lawyers help injured workers prepare for IMEs, challenge unfair medical opinions, and protect the benefits they deserve. We represent injured workers throughout Philadelphia and across Pennsylvania.

If you’ve been scheduled for an IME or have questions about how it could affect your workers’ compensation claim, contact Stern & Cohen today for a free consultation.

FAQs

Do I have to attend an Independent Medical Examination in Pennsylvania?

Yes. If your employer or its workers’ compensation insurance company properly schedules an IME, you are generally required to attend. Failing to appear without a valid reason could put your workers’ compensation benefits at risk.

Can I bring someone with me to my IME?

In many cases, you may bring a family member or friend to the appointment, although they may not be permitted to remain in the examination room. If you have concerns about the examination, discuss them with your attorney beforehand.

Does the IME doctor treat my injury?

No. The IME doctor is not your treating physician and will not provide medical treatment. Their role is to evaluate your condition and prepare a report for the employer or insurance company regarding your work injury.

Can the IME doctor stop my workers' compensation benefits?

No. The IME doctor cannot independently stop your benefits. However, the employer or insurance company may rely on the doctor’s report when filing a petition to modify, suspend, or terminate your workers’ compensation benefits. Ultimately, a Workers’ Compensation Judge decides whether your benefits should change.