IMEs vs. Your Doctor: How to Protect Your Personal Injury Record

IMEs vs. Your Doctor: How to Protect Your Personal Injury Record

If you’ve been injured in an accident and filed a workers’ compensation or personal injury claim, chances are you’ll be asked to attend an Independent Medical Examination (IME). Despite its name, the IME is not truly independent. It’s typically scheduled and paid for by the insurance company, often with the goal of minimizing your claim rather than helping your recovery.

At Hill & Moin LLP, we’ve seen how an IME can make or break a personal injury or workers’ compensation case. Many injured workers walk into these exams unaware that the IME doctor is evaluating them not as a patient, but as part of an investigation for the insurer. Understanding the IME process, your rights, and how to protect your medical record can prevent costly mistakes that may reduce your compensation.

What Is an Independent Medical Examination (IME)?

An Independent Medical Examination is a medical evaluation requested by an insurance carrier or employer to verify the extent of your injuries, the treatment you’ve received, and whether your condition is connected to your accident.

The IME doctor is not your treating physician. Their role is to provide a medical opinion for the insurance company, which can influence decisions about your benefits, ongoing medical treatment, and even your ability to work.

In a workers’ compensation case, for example, IMEs are used to:

• Assess whether your injury is work-related
• Determine if further treatment is necessary
• Decide if you’ve reached maximum medical improvement (MMI)
• Evaluate permanent disability or work restrictions

The insurance company may use the IME report to reduce or deny your workers’ compensation benefits, making it essential to handle the appointment carefully.

The Key Difference Between Your Doctor and an IME Doctor

Your treating doctor—also called your treating physician—is focused on your recovery. They develop your treatment plan, monitor your medical condition, and make decisions based on your health and well-being.

An IME doctor, on the other hand, is selected and paid by the insurance company. While they are medical professionals, many have a financial interest in providing reports that favor the insurer. Their evaluations often emphasize:

• Prior injuries or conditions that could explain your symptoms
• Minor inconsistencies between your statements and medical records
• Signs that you’ve recovered enough to return to work

In other words, your treating doctor advocates for your health, while the IME doctor’s role is to assess your case from the insurer’s perspective.

That’s why it’s critical to prepare thoroughly before your IME appointment.

How to Prepare for Your IME Appointment

Proper preparation can help ensure your personal injury record accurately reflects your condition. Here are key steps to take before and during your IME appointment:

1. Review Your Medical Records

Make sure your medical history is accurate and consistent. Review your prior medical treatment, diagnostic tests, and doctor’s notes. Any discrepancies between what you tell the IME doctor and your existing records could be used to question your credibility.

2. Be Honest and Consistent

Provide truthful, concise answers about your injury, symptoms, and how they affect your daily life. Avoid exaggerating your pain, but don’t minimize it either. The IME doctor will likely compare your statements to your treating doctor’s records and your reported limitations.

3. Describe How the Injury Affects You

Focus on functional limitations — for example, if heavy lifting causes back pain or if standing for long periods increases discomfort. Specific examples are more credible than vague descriptions.

4. Bring a Family Member or Observer

In many cases, you are allowed to bring someone with you to the IME. They can take notes about how long the exam lasted, what the doctor asked, and any inappropriate behavior. Some workers choose to request an audio recording if permitted under New York law.

5. Take Notes Immediately After

As soon as your appointment ends, write down your impressions: how long the exam took, what tests were performed, and any questions the doctor asked. These notes can be invaluable if the IME report contains inaccuracies or omissions.

Red Flags During an IME

It’s important to recognize when an IME is being conducted unfairly or improperly. Some IME doctors perform dozens of exams per day and may only spend a few minutes with each patient.

Watch for signs such as:

• The doctor seems disinterested or dismissive of your symptoms.
• You are not asked about your medical history or prior treatment.
• The physical examination feels rushed or superficial.
• The doctor makes statements like, “You look fine to me.”
• You are pressured to agree with inaccurate statements about your condition.

If you experience improper conduct, document it immediately and report it to your attorney.

After the Exam: Reviewing the IME Report

Within a few weeks of your IME appointment, the doctor will submit a written report to the insurance company. This IME report can significantly impact your claim. It may include opinions about:

• Whether your injury is consistent with the accident
• Whether further medical treatment is necessary
• Whether you can return to work or if you have any long term disability

Unfortunately, many IME findings are biased toward the insurer. If the report contradicts your treating doctor’s conclusions, the insurance company may attempt to reduce or deny your benefits.

That’s why having an experienced personal injury lawyer is essential. Your attorney can:

• Review the IME report for inaccuracies
• Submit counter-evidence from your treating physician
• Request a second opinion from an impartial medical expert
• Challenge unfair conclusions through legal channels

Why IME Doctors Often Side With Insurance Companies

Most IME doctors work with insurance carriers on a contractual basis. They are compensated for their time and reports — not your medical outcome. This creates an inherent conflict of interest.

Their conclusions often mirror the insurer’s narrative: that your injuries are minor, unrelated to your job or accident, or that you’re ready to return to work. Some reports may even downplay objective medical findings, such as diagnostic test results showing herniated discs or joint damage.

At Hill & Moin LLP, we’ve seen too many injured workers lose rightful benefits because of misleading IME reports. That’s why our team helps clients prepare for the process, gather medical evidence, and defend their credibility against unfair assessments.

Protecting Your Personal Injury Record

Your personal injury record plays a major role in determining your case outcome. To protect it:

• Keep copies of all medical records, prescriptions, and test results.
• Follow your treating doctor’s orders and attend all appointments.
• Avoid gaps in treatment, as insurers may claim this means you’ve recovered.
• Report any new symptoms promptly.
• Keep written documentation of every communication with the insurance company.

Consistency between your medical treatment, doctor’s notes, and personal testimony strengthens your case and reduces the impact of a biased IME report.

When to Call an Attorney

If you’ve been scheduled for an Independent Medical Examination, don’t face it alone. An experienced workers’ compensation attorney or personal injury lawyer can help you prepare, protect your rights, and ensure your medical record reflects the truth.

At Hill & Moin LLP, we guide injured New Yorkers through every step of the workers’ compensation process and personal injury claims — from filing paperwork to reviewing IME findings. We know how insurers operate, and we fight to ensure that injured workers receive fair treatment and full compensation.

Get Help Protecting Your Rights With Hill & Moin LLP

Facing an IME can feel intimidating, but you don’t have to do it alone. The attorneys at Hill & Moin LLP understand how to protect your personal injury record, challenge biased IME reports, and advocate for your best interests.

We’ve helped countless injured workers and accident victims across New York secure medical benefits, lost wages, and compensation for their suffering. Whether you’re dealing with a workers’ compensation claim or a personal injury lawsuit, our team is ready to stand by you.

Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. Our experienced attorneys will explain your rights, review your case, and help you navigate the IME process with confidence.