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.
If you were truly injured, it is compensable under your current claim. No independent suit could possibly be viable. Discuss further with your attorney.
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Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:
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.