Q: Can I refuse further treatment if I think it’s causing more harm or isn’t helping my condition?

  • A:You can choose to refuse treatment, but discuss your concerns with your doctor before taking action. The insurance company could stop paying benefits and claim you’re not cooperating with plans for your recovery.

Q: Is my employer required to follow restrictions on my work, as ordered by my doctor?

  • A:Generally, yes, your employer must honor these restrictions, whether ordered by your treating physician or based on an independent medical exam (IME). These doctors can disagree on the scope of restrictions, and those issues are a source of workers’ comp litigation.

Q: Am I free to choose my doctor, and if not, how is the doctor selected?

  • A:Depending on your state’s laws, you may have a choice, or you may have use the doctor selected by the workers’ comp insurer or your employer. Some states allow injured employees to choose their doctor if approved by the state’s industrial commission. If you’re injured, ask your employer or human resources department for help.

Q: What is an independent medical exam (IME)?

  • A:The workers’ comp insurance carrier hires a doctor to examine an injured employee, and provides a report to the carrier. The insurance carrier’s decisions depend in large part on IME results.

Q: What can be done if my doctor doesn’t agree with the findings of the IME doctor?

  • A:Each side, you and the insurance carrier, are entitled to trust in the findings of your respective doctors. Often workers’ comp litigation involves disputes