I was injured at work in October, 2013 and have had shoulder and spine surgeries, plus being dianosed as hitting my head and I am going through cognative therapy. I do have a case pending. I've heard so much about being sent to an IME. I have never been sent to one. I am getting better as the surgeries and therapy have helped and will be going back to work in August. Is there a reason why I have not been sent to one of these doctors?
You have not seen an IME because the carrier has not sent you to one. Consider yourself lucky.
Maybe the carrier believes you are truly injured...............................................................
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The factors are numerous as to why a person may or may not be sent to an IME. The usual factor is that they believe you are less disabled than you claim to be, so an IME could potentially reduce their exposure and potentially force you back to work. I would recommend that you talk with your lawyer, if you have one, about your concerns and when you can expect to be sent to one. In a case such as yours, if you are going back to work in August, and they know it, they may not send you to one unless you have a permanency opinion. Please use the find a lawyer tool to search for lawyers Worker's Compensation experience near you in Jamaica, New York.
Attorney David Snyder is licensed to practice in the State of New York where he operates the Snyder Law Firm located at 6876 Buckley Rd., Liverpool, NY with a web address of www.snyderlf.com and www.syracuseworkerscomp.com. Mr. Snyder’s answers are intended to assist legal consumers in obtaining the most accurate information possible and to find the most appropriate lawyer when necessary. In no way can any of his answers be construed as legal advice without being retained and having all relevant information available to him.
The Carrier has a right, not an obligation, to send you to an IME. The fact that you have not been sent to one means simply that they have not felt the need to send you to one. IMEs are costly and Carriers generally send Claimants to them when they believe there will be some financial advantage, such as when they feel the Claimant's injuries are not as severe as the Claimants' doctors present them, and therefore the rate of indemnity payments could be lowered. You are lucky not to have been sent to one, but at some point you probably will be, and when you are it is best to have an attorney already familiar with your case. It does not cost you anything out of pocket to retain an attorney, an d consultations are generally free, so you have nothing to lose and everything to gain by retaining an attorney. Good luck!
My answers on Avvo or anywhere online do not establish an attorney-client relationship and are not to be taken as legal advice. Medici Law P.C. and myself will not be held responsible for advice followed herein that leads to an undesirable outcome. As helpful as Avvo is, you should always consult with an attorney prior to taking any legal action or steps in your claim.
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