If an insurance company's IME doctor says you can go back to work, that opinion does not override your own treating physician. In Massachusetts workers' comp claims, the independent medical examiner is hired and paid for by the insurer — not by you — and that exam is often just 10 or 15 minutes plus a records review.
Attorney Chuck Pappas explains what an IME opinion actually means for injured workers: why your treating doctor's work restrictions are the ones that should be followed, and what happens next if the insurer uses the IME report to cut off or discontinue your weekly benefits. When that happens, the dispute moves to the Massachusetts Department of Industrial Accidents.
What This Video Explains
Do I have to return to work if the IME doctor says I can't? No, absolutely not. No. The independent medical doctors are hired and paid for by the insurance companies. And as the old saying goes, you get what you pay for because most times the independent doctor's opinions are going to favor the insurance company. And they're making these opinions after examining an injured worker for five or 10 minutes and reviewing some medical records.
But you do not have to follow their instructions or opinion. What I always recommend injured workers do is follow your own treating doctor's opinions and instructions. If your treating physician is telling you to remain out of work while you're treating for your work injury, then that's what you should do. But you do have to understand that the insurance company might use that independent doctor's opinions and report to either terminate your benefits or file a complaint to discontinue your benefits. And if that happens, then you you have to litigate your case at the Massachusetts Department of Industrial Accidents.
Attorney Chuck Pappas has represented injured workers across Massachusetts for over 20 years. If you've received noticed to attend an IME, you should speak with an experienced attorney first.
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We understand that being hurt on the job can be extremely stressful. After a serious injury, you may not only be losing time at work and your paycheck, but you may require extensive medical treatment which can be costly. You are probably concerned about how you are going to provide for yourself and your family and how you are going to cover the cost and expense of your treatment. These are completely valid concerns. Injured workers in these positions need the help of an experienced Massachusetts workers’ compensation attorney..png)
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyer at Pappas Law, is here to help you during this difficult time.
