Hi Can you sue a Workers Comp IME Doctor for Physical Injury?

Asked 8 months ago - Ashland, WI

He forced the movement of my shoulder without my permission!! Thanks

Attorney answers (4)

  1. Jason Todd Studinski

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Yes. If the workers compensation insurance company's doctor hurt you, you have a potential claim. What are your injuries? Have you sought medical attention? Have you reported these injuries to your worker's compensation lawyer - or the worker's compensation insurer? You should be prepared to answer these questions when you consult with a lawyer concerning your case. Good luck.

  2. Aaron N. Halstead

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I am unaware whether this question has ever been raised in a Wisconsin personal injury case. However, there is at least one reported decision in which it was decided that an employee who was injured in an accident en route to an Independent Medical Evaluation was covered by the Worker's Compensation statute. As such, she was able to recover WC benefits for the injuries she suffered in that accident, in addition to those suffered in the original work injury. The rationale was that but for the work accident, she would never have been traveling to the IME appointment at the time she was injured.

    While this does not automatically mean that you could not sue the IME doctor, the doctor's insurance carrier would surely raise it as a defense. In addition, because there is no doctor-patient relationship formed at an IME appointment, a medical malpractice claim would likely not be successful.

  3. Thomas J. Flanagan

    Contributor Level 7

    1

    Lawyer agrees

    Answered . The short answer is "Yes".

    This advise is given in a general sense, since all relevant facts are are unknown. Contact an attorney so you can... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    Answered . If you were truly injured, it is compensable under your current claim. No independent suit could possibly be viable. Discuss further with your attorney.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,893 answers this week

2,889 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,893 answers this week

2,889 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary