Being seriously injured at work opens the door to many unexpected problems for the injured worker. Workers believe that if they get hurt on the job, Worker’s Compensation will pay for the medical bills incurred because of the accident for as long as necessary. However, the Worker’s Comp rules have a lot of fine print that can lead to an unexpected, disastrous lack of coverage.
The IME, or Independent Medical Expert, is a doctor hired by the insurance company to examine the injured worker. The insurance company, of course, would like to pay out as little as possible. New York law gives Constitutional due process rights to those who are responsible for paying medical costs and wage replacement benefits. What this means to the claimant is that the IME, the insurance company’s doctor, has the right to examine the worker and report on the degree of disability. In other words, the IME may disagree completely with the diagnosis of the claimant’s doctor.
New York relies far more on the opinions of IMEs than many other states. The original purpose of the IMEs was to find out if the worker was legitimately hurt or trying to scam the system. Of course, some fraud is always present, but an investigation by the New York Times found that the medical reports routinely found that the injured worker’s injury was non-existent, or far less serious, than the worker’s doctor diagnosed.
Workers can have their benefits slashed or discontinued after an IME examination, leading many to have a general distrust of the Worker’s Compensation system as a whole. The worker’s doctor may be far more qualified to evaluate the case than the IME, but that doesn’t matter to the insurance company. Their interest lies solely in paying as little as possible.
The IME examination and report is only one of the unexpected pitfalls that can be encountered by someone relying upon Worker’s Compensation in Rochester NY. Overcoming this obstacle will be extremely difficult without utilizing the services of an attorney who focuses on this daily. The law firm of Vincent J. Criscuolo & Associates understands the complexities of Worker’s Compensation in Rochester NY. Call or visit website to discuss the options available to you with an experienced Worker’s Comp attorney.
Be the first to like.