A guide to IMEs in workers’ compensation claims Queensland
If you're navigating the workers' compensation system in Queensland, you may receive notice to attend an Independent Medical Examination (IME). Understanding what this means for you and your rights as an injured worker is crucial for managing your claim effectively.
When might an Independent Medical Examination (IME) be requested?
Unlike visits to your treating doctor, IMEs are specifically arranged by your workers' compensation insurer to obtain an independent medical opinion about your condition. The examining doctor's role is to provide an unbiased assessment rather than ongoing treatment or care.
Workers' compensation insurers may request an IME for various reasons throughout your claim. These might include:
- gathering expert opinions during the initial claim assessment;
- evaluating proposed medical procedures;
- assessing your capacity to return to work; or
- determining the long-term impacts of your injury.
The examination could also be necessary to review your rehabilitation progress or examine the connection between your work duties and injury.
Key things to know about IME appointments
When an IME is required, your insurer will send you an official notification containing crucial details about the examination. This includes information about the specialist who will assess you, the location and timing of the appointment, and the specific purpose of the assessment. Understanding these details is important, as the examination's purpose will influence how you prepare and what information you should take to the appointment.
For example, it may be helpful to have available a comprehensive list of your treatments and medications.
Do I have to attend an IME during my workers’ compensation claim?
The short answer is yes.
In most cases, you are obliged to attend an Independent Medical Examination (IME) when requested by WorkCover Queensland or your employer's workers' compensation insurer. This requirement is established under section 135 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) (‘the Act’), which gives insurers the right to request you to be independently examined.
Can I refuse to attend an IME?
While attendance at an IME is required by the Act, the law does recognise certain exceptions. A refusal to attend may not lead to consequences if you are considered to have a "reasonable excuse”. What constitutes a reasonable excuse varies case by case, but the circumstances must be genuinely compelling to justify non-attendance.
If you are considering refusing to attend an IME and you believe you have a “reasonable excuse”, you should seek legal advice first to ensure your workers’ compensation rights and entitlements are not adversely affected.
Consequences of non-attendance at an IME
It's important to understand that there are serious consequences for failing to attend or genuinely participate in the medical examination. WorkCover Queensland or your employer's workers' compensation insurer can suspend benefits like weekly payments or medical treatment expenses if you:
- fail to attend the medical examination without a reasonable excuse;
- attend but refuse to be examined;
- obstruct or attempt to obstruct the examination.
Preparing for and attending your IME
Before the examination, confirm your travel arrangements and gather all relevant documentation. During the examination, remember that the IME doctor's role is assessment rather than ongoing care. Communicate clearly and honestly about your condition and its impact on your daily life and work capabilities.
Document your experience after the examination, particularly if you need to discuss it with your lawyer. It is also important to refrain from posting on social media about your ongoing claim.
After the IME
Following your IME, the examining doctor will prepare a detailed report for your insurer. While this report goes directly to the insurer, you have options for accessing this information. The findings will guide your insurer's decisions about your claim, and your treating doctor may need to review the assessment results to adjust your treatment plan accordingly.
Professional legal support if required to attend an IME
The IME process can present challenges. If you require professional help navigating these challenges, or if you have failed to attend an IME, please speak to our experienced team at Hall Payne Lawyers. We specialise in helping clients understand their rights and navigate workers' compensation procedures effectively.
Connect with one of our workers’ compensation lawyers
We're here to assist with your workers' compensation claim, no matter what the issue may be. Reach out to discuss your situation with our specialists. We offer flexible consultation options, including in-person meetings, phone discussions, or video calls to suit your preferences.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au
This article relates to Australian law; either at a State or Federal level.
The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances. For further information, please do not hesitate to contact Hall Payne Lawyers.