What Happens at an Independent Medical Exam After a New York Construction Accident?

After a serious construction accident in New York, you may spend weeks or months seeing your own doctors, attending physical therapy, undergoing testing, and following treatment recommendations. Then you may receive a notice telling you to attend an independent medical examination, commonly called an IME.

That appointment can feel intimidating, especially when you already have an accepted workers’ compensation claim and do not understand why another doctor needs to examine you.

Hill & Moin LLP represents injured construction workers throughout New York City. An IME can affect decisions about treatment, disability, work restrictions, and workers’ compensation benefits, so knowing what to expect can help you approach the appointment carefully and confidently.

What Is an Independent Medical Examination in New York Workers’ Compensation?

An IME is a medical evaluation performed by a provider who is not your regular treating doctor.

Employers and workers’ compensation insurers may have injured workers evaluated by independent medical examiners to obtain another medical opinion about a work-related injury. The New York State Workers’ Compensation Board maintains a directory of providers specifically authorized to perform these examinations.

An IME may address questions such as:

• Whether your injury is related to the construction accident
• Whether you still have a disability
• Whether treatment remains necessary
• Whether you can return to work
• Whether you have permanent impairment
• Whether additional medical care is appropriate

The examiner is evaluating your condition for purposes of the workers’ compensation case. The appointment is not the same as receiving ordinary treatment from your own physician.

Who Chooses the IME Doctor?

The examination is commonly requested by the workers’ compensation insurance carrier or another party involved in the claim.

The doctor performing an IME must be appropriately authorized by the New York State Workers’ Compensation Board. Current Board materials confirm that physicians, chiropractors, podiatrists, and psychologists can be authorized to perform IMEs, depending on their authorization status.

The Board also maintains an online directory that can be used to verify whether an examiner is authorized and registered.

That means an insurer cannot simply select any medical professional and treat the appointment as an authorized workers’ compensation IME.

How Much Notice Should You Receive Before an IME?

New York requires advance notice.

The Workers’ Compensation Board identifies Form IME-5 as the Claimant’s Notice of Independent Medical Examination. Board guidance states that the claimant must receive the notice by mail at least seven business days before the scheduled examination.

The notice should identify information such as:

• The date of the examination
• The time
• The location
• The examiner or IME entity
• Who requested the examination
• The purpose of the examination
• Whether the examiner intends to record or videotape it

If you receive an IME notice, read the entire document instead of simply writing down the appointment time.

Important rights and responsibilities are included in the notice.

Why Does the Insurance Company Request an IME?

An insurer may request an IME because it wants another medical opinion about your condition.

For example, your treating doctor may believe that you remain unable to perform construction work because of a back injury. The insurance carrier may request an IME to obtain its own evaluation of your disability and work capacity.

An IME may also be requested when there is disagreement about:

• Diagnosis
• Causation
• Need for treatment
• Degree of disability
• Permanent impairment
• Ability to return to work

The IME doctor’s conclusions do not automatically replace those of your treating physician.

Instead, the medical opinions may become evidence considered during the workers’ compensation process.

You deserve a law firm that prioritizes your safety and recovery. If an IME becomes an important issue in your construction injury claim, Hill & Moin LLP can help you understand how the examination and resulting report may affect your case.

What Happens During an Independent Medical Examination?

The exact process depends on the injury and medical specialty involved.

You may first be asked about:

• How the construction accident happened
• Your symptoms
• Past medical treatment
• Current medications
• Prior injuries
• Work duties
• Current physical limitations
• Whether you have returned to work

The examiner may then perform a physical examination.

For an orthopedic injury, for example, the examiner may evaluate:

• Range of motion
• Strength
• Reflexes
• Tenderness
• Walking ability
• Joint stability
• Sensation

The doctor may also review medical records, diagnostic studies, surgical records, or reports from your treating providers.

Part of the IME	What May Happen	Why It Matters
Medical history	Questions about symptoms and prior injuries	Helps examiner assess causation
Accident history	Questions about the construction incident	May affect relationship between work and injury
Physical exam	Strength, motion, reflexes, or other testing	Used to evaluate disability
Record review	Review of MRIs, X-rays, and treatment records	May influence medical conclusions
Work discussion	Questions about job duties and limitations	Can affect return-to-work opinions
IME report	Examiner provides written conclusions	May affect benefits or disputes

You should answer questions truthfully and accurately.

Avoid exaggerating symptoms, but do not minimize them either.

Is the IME Doctor Your Treating Doctor?

No.

An IME examiner is evaluating you for purposes of the workers’ compensation matter.

You should not assume that the examiner has the same role as the doctor responsible for your ongoing medical care.

That distinction is important.

Your treating physician may have seen you repeatedly over months, monitored changes in your condition, reviewed therapy progress, and adjusted your treatment plan. An IME doctor may see you only once.

The Workers’ Compensation Board nevertheless permits authorized IME providers to provide medical opinions that can be used in the claim.

Can an IME Affect Your Workers’ Compensation Benefits?

Yes.

The official IME-5 notice warns claimants that workers’ compensation benefits could potentially be denied, reduced, or terminated based on a determination that relies on the medical evaluation performed after the examination.

For example, an examiner might conclude that:

• You no longer have a disability
• Your disability has decreased
• You can return to work
• Your condition is unrelated to the accident
• Additional treatment is unnecessary
• You have reached maximum medical improvement

Those opinions do not necessarily become the final decision.

Your treating doctor’s records, testimony, diagnostic studies, and other medical evidence may conflict with the IME findings.

Disputed medical issues may ultimately require review through the workers’ compensation process.

Can You Bring Someone With You to the IME?

Yes.

The New York Workers’ Compensation Board states that you have the right to be accompanied during the examination by an individual or individuals of your choosing.

Board guidance also specifically notes that an injured worker may bring a witness to an IME.

A companion can sometimes help by:

• Observing what occurs
• Helping you remember details afterward
• Providing transportation
• Offering support if your injury makes travel difficult

If you plan to bring someone, make sure the person understands that the appointment is a formal medical evaluation connected with your claim.

Can You Record an Independent Medical Examination?

Yes.

The Workers’ Compensation Board’s IME notice states that claimants have the right to videotape or otherwise record the examination.

The Board’s injured-worker guidance also advises that IMEs may be recorded by video and audio.

The IME notice itself should indicate whether the examiner intends to record or videotape the appointment.

Recording can provide an objective record of:

• How long the examination lasted
• What questions were asked
• What tests were performed
• What responses were given
• What physical movements occurred

That can become important if the written IME report later describes the appointment differently from your recollection.

What Should You Tell the IME Doctor?

Be honest and specific.

If your construction injury causes pain only during certain movements, explain that.

If symptoms become worse after standing, lifting, climbing stairs, kneeling, or sitting for extended periods, describe those limitations accurately.

Avoid vague statements when you can provide useful details.

For example, instead of saying, “My back hurts all the time,” it may be more useful to explain that pain increases after standing for 20 minutes or that you cannot safely lift the weight required by your construction job.

You should also disclose prior relevant injuries honestly.

Trying to hide an earlier medical condition can damage credibility if the examiner later finds it in your records.

What Should You Avoid Doing at an IME?

An IME is not the time to guess, exaggerate, or argue.

Consider avoiding:

• Exaggerating pain or limitations
• Minimizing legitimate symptoms
• Guessing about medical diagnoses
• Speculating about facts you do not remember
• Arguing with the examiner
• Volunteering inaccurate information
• Performing movements beyond what you can safely do

If a particular movement causes significant pain, say so.

Do not assume you need to push through severe pain simply because you have been asked to perform a movement.

Don’t wait—your future starts with one phone call. Hill & Moin can help injured construction workers understand how medical evidence, IME findings, and work restrictions may affect a workers’ compensation claim.

What Happens If You Miss the IME?

Do not ignore an IME notice.

The Workers’ Compensation Board’s official notice emphasizes that the examination is connected with your workers’ compensation claim and tells injured workers who cannot attend to contact the listed party as soon as possible.

Missing a properly scheduled examination without addressing the issue can create serious problems for your benefits.

If a legitimate conflict prevents you from attending, communicate promptly and document what happened.

Examples might include:

• Hospitalization
• A medical emergency
• Transportation problems
• A scheduling conflict that cannot reasonably be avoided

Do not simply decide not to attend because you disagree with the need for the examination.

Can You Be Reimbursed for Travel to an IME?

The New York Workers’ Compensation Board advises injured workers that they may claim reimbursement for travel to and from an IME.

The Board also instructs injured workers to keep receipts for qualifying workers’ compensation-related travel expenses and explains that mileage, public transportation, and certain other expenses may be reimbursable.

Keep documentation such as:

• Mileage
• Parking receipts
• Toll receipts
• Public transportation receipts

Maintaining organized records can make reimbursement requests easier.

What Happens After the Examination?

The examiner prepares a written report describing the evaluation and medical opinions.

New York uses Form IME-4 for the independent examiner’s report.

As of April 1, 2026, the Workers’ Compensation Board no longer accepts faxed claim-related submissions, including IME reports. The Board also states that under Workers’ Compensation Law Section 137, IME reports must be submitted on the same day and in the same manner to all required parties, including the injured worker.

That means you should receive access to the report rather than being left unaware of what the examiner concluded.

Reviewing that report can be important.

What Should You Look for in the IME Report?

Compare the report with what actually happened during the examination.

Look for statements concerning:

• How the accident occurred
• Your symptoms
• Prior injuries
• Physical examination findings
• Range of motion
• Disability level
• Work restrictions
• Causation
• Need for future treatment
• Maximum medical improvement

Pay attention to factual errors.

For example, the report may incorrectly state that you denied a symptom you actually discussed or that you performed a movement differently from what occurred.

The Workers’ Compensation Board specifically recommends that injured workers review their IME reports.

What If the IME Doctor Says You Can Return to Construction Work?

That conclusion may become important, but it does not necessarily end the issue.

Suppose your treating orthopedic surgeon says you cannot lift more than 15 pounds, while the IME doctor concludes that you can return to full-duty construction work.

That creates a medical dispute.

Construction work can involve:

• Heavy lifting
• Climbing
• Repetitive bending
• Kneeling
• Carrying materials
• Working on ladders or scaffolds
• Operating machinery

A general statement that someone can “return to work” may therefore require careful comparison with the actual physical demands of that worker’s trade.

Your treating doctor’s restrictions, job description, diagnostic testing, and other medical evidence may all remain important.

What If the IME Report Contains Mistakes?

Document them.

A disagreement should be based on specific facts rather than simply saying the examiner was wrong.

Examples could include:

• Incorrect accident history
• Wrong body part
• Missing symptoms
• Incorrect prior medical history
• Physical tests that were never performed
• Incorrect statements about your job duties

Bring those issues to the attention of your attorney or appropriate representative.

If the exam was recorded or witnessed, that evidence may help clarify what occurred.

Can an IME Be Conducted Through Telehealth?

In some circumstances.

The New York Workers’ Compensation Board currently permits telehealth IMEs when all parties agree and when the examiner is not giving an opinion about permanent impairment.

Not every injury is appropriate for telehealth.

An orthopedic examiner, for example, may need to physically evaluate strength, range of motion, or other findings.

Whether a remote examination makes sense depends on the medical question being addressed.

Frequently Asked Questions About New York IMEs

Is the IME doctor really independent?

“Independent medical examination” is the term used in New York’s workers’ compensation system, but the examiner may have been selected for the evaluation by an insurance carrier or another party.

Workers should understand that the examiner is not replacing their treating physician.

Can the IME doctor stop my benefits personally?

The examiner provides a medical opinion.

That opinion may be used by an insurer or considered by the Workers’ Compensation Board in determining benefits, but the doctor’s report itself is not necessarily the final legal determination.

Should I take my medications before the IME?

Continue following your treating provider’s medical instructions unless you have been specifically told otherwise by an appropriate medical professional.

Do not alter prescribed treatment simply to change how you appear during the examination.

Can I bring medical records?

The examiner may already receive records connected with the claim.

If your notice requests particular documents, follow those instructions. Your attorney can also advise you about any additional medical information that should be addressed.

Should I tell my own doctor about the IME?

It can be useful to keep your treating provider informed, particularly if the resulting IME report conflicts with your doctor’s opinion about treatment, disability, or work restrictions.

How Can Hill & Moin LLP Help After an Independent Medical Examination?

An IME can become an important turning point in a workers’ compensation claim.

If an examiner concludes that you have recovered, can return to full-duty construction work, or no longer need treatment, the insurance carrier may rely on that opinion to challenge benefits.

Hill & Moin LLP can review the IME report alongside your treating medical records, identify factual or medical disputes, and help you understand what the examiner’s conclusions may mean for your construction injury claim.

The goal is to make sure your condition is evaluated based on complete, accurate medical evidence rather than a single appointment viewed in isolation.

Your case. Your future. Our priority.

When your health, livelihood, or family’s future is on the line, every decision matters. Call Hill & Moin LLP today and take the first step toward financial recovery and peace of mind.