Understanding IMEs And QRCs For Workers’ Compensation
While receiving workers’ compensation benefits, you may be asked to undergo an independent medical examination (IME), or you may require a qualified rehabilitative consultant (QRC). The insurance company in charge of your workers’ compensation claim may choose these individuals for you, but you do have some say in the matter.
It is important that you trust the medical professionals and consultants you work with — only then will you get a fair and reasonable settlement for your claim. As with any legal matter, workers’ compensation can quickly become confusing and overwhelming to those unfamiliar with the nuances of the system. An experienced lawyer, however, can guide you through the complexities so that you have a clear path forward.
An Attorney Providing Insight And Care For Your Workers’ Comp Claim
Based in Eden Prairie, David H. Bailly represents injured workers and their families from Minnesota and western Wisconsin. As your advocate, he can explain your rights under Minnesota’s workers’ compensation law in clear terms so that you understand your options for recovery.
If you have been asked to undergo an IME or you are having problems with your QRC, contact Mr. Bailly’s law firm, David H. Bailly, Ltd., at 952-232-1053 or 800-250-3799 toll-free for a free initial consultation.
Understanding Your Rights Regarding An Independent Medical Examination
The insurance company usually requests an independent medical exam (IME) to get an outside opinion on the extent of your injury or the status of your recovery. The insurance company reserves the right to choose the doctor you see. However, it must choose someone within 150 miles of your home. It must also cover the entire cost of the visit and provide reasonable mileage reimbursement.
If you have received a request for an IME, know that your insurance company may be looking to discontinue or dispute your benefits. The doctor will likely ask you many questions about your medical history and job-related abilities. Most likely, the doctor is evaluating whether your work restrictions or benefits should be changed.
Is The IME Doctor Actually Independent?
The term “independent” can be misleading when it comes to an IME. While these doctors do not work directly for the insurance company, the insurer still chooses and pays them. Often, these evaluations can result in opinions that favor the insurance company rather than the injured worker.
The doctor might suggest your injury is not work-related or that you have fully recovered. Because they only see you once, they do not have the same perspective as your primary physician. A workers’ compensation attorney who has extensive experience with IMEs can help you prepare for these exams. It is important that the insurer does not use a biased report to cut off your benefits.
What Happens If The IME Doctor Disagrees With Your Doctor?
It is common for an IME doctor to disagree with your treating physician. When this happens, the insurance company often uses the IME report as a reason to deny further medical treatment or stop your weekly payment checks. However, you do not have to accept their conclusion as the final word.
You have the right to present evidence from your own doctor and other medical records. If the dispute continues, you can request that a workers’ compensation judge review your case to determine which medical opinion is more credible. Attorney David Bailly has successfully challenged IME doctors who disagree with treating physicians.
What Is A Qualified Rehabilitative Consultant?
Those who have suffered serious or permanent injury, particularly one that prevents them from returning to their previous line of work, may require a qualified rehabilitative consultant (QRC). A QRC develops a recovery plan to get you back to work based on your injury and your particular rehabilitation needs. They may also attend your doctor visits to consult on the nature of your treatment in light of this plan. If you cannot return to your former job, their plan may include retraining to get you to suitable gainful employment.
Under Minnesota law, you reserve the right to select your own QRC, someone you can trust. If the insurance company has selected a QRC for you, you also have the right to request a new one, as long as you do so within 60 days of when the QRC files a report with the state of Minnesota. As your lawyer, Mr. Bailly can advise you on the pros and cons of having a QRC, and he will advocate for your right to receive proper care during recovery.
Can A QRC Force You To Return To Work Prematurely?
The purpose of a QRC is to help you return to work safely. However, sometimes a QRC can feel pressure from the insurance company to close your file. While a QRC coordinates your vocational recovery, they cannot override the physical restrictions set by your doctor.
If you feel a QRC is pushing you into a job that exceeds your physical limits, you have rights. Remember that you have the right to choose your own QRC under Minnesota law. If your current consultant is not acting in your best interests, attorney David Bailly can help you exercise that right or address your concerns. Your transition back to work should be safe and fair.
Keep Your Rights Protected During Your Recovery
If you are still in recovery, an experienced lawyer can help you protect your rights to continued coverage. Attorney David H. Bailly has helped many clients preserve their workers’ comp benefits, even when IMEs have been requested.
Schedule a free initial consultation with Mr. Bailly at his Eden Prairie office, which is in Hennepin County, near Minneapolis. Send him an email or call 952-232-1053 or 800-250-3799.