New Jersey Workers' Compensation Claims: The Real Scoop on Independent Medical Examinations
If you have filed a Workers’ Compensation claim in New Jersey, you may be asked by your employer's insurer to undergo an Independent Medical Examination. Failure to comply may result in the denial of benefits. A New Jersey workers’ compensation attorney can help you through the claim process.
What is an Independent Medical Examination?
An Independent Medical Examination (IME) is an evaluation performed by a physician who is not your regular doctor. Since it is in the interest of insurance providers to mitigate financial losses, the adjusters will want to determine that the injuries sustained are not exaggerated as well as ensure your personal doctor is not biased toward your assessment.
An IME will establish the following:
- that you did sustain an injury;
- that the extent of the injury is as serious as you claim it to be; and
- assess whether the injury is consistent with the incident or could have been caused under other circumstances.
When an Independent Medical Examination is Requested in New Jersey
If you refuse an IME, you could be denied Workers' Compensation claim benefits. The insurance provider has a legal right to investigate liability in this regard. Usually the insurance contract will contain a provision requiring the injured party to submit to an IME in order to receive compensation. In certain circumstances, such as an insurer requesting the claimant travel long distance, the injured party will not be compelled to complete an IME.
If an IME has been requested, you may have to complete more than one exam. The insurance provider will be required to pay all the fees associated with the IME. If you and your insurer cannot agree on the doctor who will be conducting the IME, a court may decide upon a physician or you may request the IME be performed by a New Jersey state-appointed medical practitioner free of charge. You may also have your attorney accompany you during the exam.
New Jersey IME with Help From an Attorney
Legal guidance will be necessary if you want to maximize the value of your workers' compensation claim benefits.
The Manfred F. Ricciardelli, Jr. law firm can guide you through the process of filing a workers’ compensation claim in New Jersey. Since 1992, Mr. Ricciardelli has been fighting insurance companies for fair compensation for workers’ comp benefits. There is no cost to you until after you have been awarded disability benefits. Call our law firm today for a free consultation at (973)-285-1100.