Many times a hurt or injured worker in Illinois will reach a point in their treatment where the insurance company will want them to see what's called an Independent Medical Examiner. Many workers are scared of what may happen if they see these "company doctors." But as an injured employee, you need to attend such a medical examination at the request of your employer if you are receiving disability payments from a work-related injury.
According to the Illinois Workers' Compensation Act, for the purpose of inquiring more information about an employee work injury, medical examinations by employers may be requested. The expense incurred from these examinations is to be paid by the employer. Reasons vary for the request but may include inquiries as to the nature of an employees injury, extent of time needed to recover, and other information necessary for calculating the disability benefits to be paid and compensated to the employee.
How will an employer notify me of their requested medical examination? The request made by an employer within Illinois needs to be a delivered notice including the proper facts surrounding the examination to the employee. This notice should include the time and place (if at an employer's physicians choosing) of the examination.
What if the medical examination requires me to travel? An employer is to cover a sufficient amount of money to cover the cost if travel is involved. Expenses may include travel through the most convenient and reasonable means to and from the place of the medical examination. Meals may also be included if they are within the time of travel to and from the location.
Can they schedule the medical examination during my working hours? Yes, an examination can be assigned during the workweek. However, if the employee has returned to work in some capacity, the employer is then obligated to reimburse the employee for loss of wages.
How will my employer know if I went to the examination? In the presence of a physician or surgeon chosen by the employer, the doctor or surgeon must deliver a statement regarding the injured employee's condition to (1) the injured employee or his representative, (2) to the employer or his representative, and (3) delivered within 48 hours before the case is set for hearing. If the physician refuses to send a copy to the employee or said copy is different from the copy delivered to the employer, the physician will be denied from testifying at the hearing.
Can I refuse to undergo the medical examination? If an employee chooses to not take part in the medical examination, that employee is obstructing his own right to Workers' Compensation benefits temporarily. An employee is required to attend the employer's requested examination.
While it may seem intimidating to have a different doctor examine you at the request of the insurance company or your employer, it is important you attend the scheduled appointment. It is also important that you are straight-forward and honest with the independent medical examiner. No matter what "their" doctor says, an experienced Illinois Workers' Compensation attorney can fight for you to ensure that you continue to receive the benefits you deserve.
