Key Takeaways
- Georgia personal-injury cases — including those arising from this article's topic — are governed by the two-year statute of limitations under O.C.G.A. § 9-3-33.
- Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33: a plaintiff who is 50% or more at fault recovers nothing.
- According to the State Bar of Georgia, personal-injury matters are one of the most common civil case types filed in Georgia state and superior courts.
- Insurance disputes — including UM/UIM coverage — are governed by O.C.G.A. § 33-7-11, which sets minimum coverage requirements and policy-stacking rules.
According to Georgia’s personal injury law, if you’re a car or workplace accident, victim or suffer a partial or permanent disability, impairment or other physical limitations due to a work-related accident, you have the right to file a workers’ compensation claim based on your medical examinations.
However, in their turn, the offender or the offender’s insurance company also has the right to ensure your entitlement of the workers’ compensation benefits by requiring an IME report from an independent medical examiner.
So, what does that medical evaluation involve, what’s the purpose behind it, and is it in favor of the injured party, the insurance carrier, or the insurance company? Keep reading while we discuss everything related to independent medical exams.
What Does IME Mean?
An Independent Medical Examination (IME) isn’t an appointment where you get additional medical treatment. Conversely, it’s a legal action that strives to get insurance companies and accident victims on the same page during settlement negotiations.
When you file a personal injury lawsuit against your employer or any other at-fault party, they have the right to request a defense medical exam, where they can consult or take a second opinion from a physician other than your treating doctor.
For all they know, your case might be aggravated due to previous injuries, which they shouldn’t be held accountable for. They also want to double-check whether you really need the surgery or the extensive medical care your private doctor prescribed and when you’ll be able to return to your daily activities to stop paying you lost wages.
Based on the report the doctor performing the IME will write, your physical condition and your need for further medical attention will be more evident to the judge who’ll decide whether your medical bills should be covered by the insurance company or not.
What’s the Purpose of an Independent Medical Exam?
In theory, the purpose of independent medical examinations is to resolve the medical dispute between both parties fairly. However, the fact is that these examinations aren’t as independent as they’re made to sound.
Doctors who conduct IMEs are almost always chosen and paid for by the insurer. That means while their role is to examine injured workers to verify their workers’ compensation claims, what they really do is try to find evidence that can excuse insurance companies from paying the claims.
Another factor that makes this process a bit unfair is that most IME doctors are semi-retired physicians left in active clinical practice for lawful purposes. Their main income comes from the IME reports they write for insurance companies, so it’s only natural they’d want to please insurance companies to be hired to do the job in other cases.
To combat this unfairness, you’ll want to take legal advice from an experienced workers’ compensation lawyer or law firm, as they’ll help you prepare for the physical exam and preserve your rights.
What Can I Expect in an IME?
During the IME visit, the insurance company’s doctor will examine your medical condition, symptoms, the treatments you took, as well as the tests you performed, including your MRI reports, X-rays, and CT scans. They’ll also check your medical history for any relevant medical information that testifies that your injury wasn’t caused by a work accident.
Also, there won’t be the doctor-patient relationship you’re used to in regular medical appointments. The visit will be short, not exceeding 30 minutes, and everything will be recorded, so you should be aware of anything you say in the examination or waiting room, as it could be held against you later, and you’ll find out in the report.
Finally, the IME physician will write the report based on their findings and judgments.
How Can the IME Affect My Case?
After the IME doctor submits the report, you and your lawyer receive a copy before the case is taken to court.
Although most IME physicians will be biased towards insurance companies, workers’ comp judges trust their words fully because, for them, they’re a more objective party than your private doctor. So there’s a chance your claim will be denied even if you deserve the compensation.
What if the Results Come In Favor of the Insurance Company?
In case your workers’ compensation case is denied, you can do one of the following:
Investigate whether the examining doctor who took your case was really qualified.
Ask to review the results of your physical examination with the insurance company for false information if you’re sure there was a mistake in your medical reports.
Let your workers’ compensation attorney file a lawsuit for lying or fraud against the IME doctor if you both see there’s something that raises suspicions between the IME doctor and the insurance company.
What Happens if I Refuse to Attend the IME?
In general, you can’t say no to an IME appointment if it’s already set. Doing so won’t necessarily put you under arrest but will make you lose your workers’ comp case before it even begins.
By refusing to attend, you snatch yourself the right to submit any medical records that aid your claim, and in turn, you automatically lose the case. And the worst part is that you leave the door open for the insurance company to sue you for making a false accusation and ask for compensation for the fees and expenses they paid to make a defense case.
If you’re suspicious that your employer or the at-fault party is trying to deny your claim or cut your benefits by this IME, there are safer actions to take. For example, most of the time, you aren’t obliged to consent for the IME doctor they choose, so you and your attorney can ask for a more neutral state-hired doctor.
Also, know that you’re allowed to have company during the IME, whether it’s your attorney or a family member. Having someone else with you during the visit can take the visit’s weight off your shoulders and help you answer the doctor’s questions with more confidence.
Final Words
To wrap up, while an IME is designed to have independent medical examiners provide an unbiased opinion in a workers’ comp case, many IME doctors treat it as a means to save the insurance company money.
To be able to get your benefits, be honest about your injury as any lies can be detected and held against you later. Also, hiring an experienced attorney will make the entire examination process much easier to deal with.
FAQs
Q1: What is an Independent Medical Examination (IME) in the context of personal injury law?
A1: An Independent Medical Examination (IME) is a medical evaluation sought by insurance companies for injured workers or the at-fault party in personal injury or workers’ compensation cases. It is not an opportunity for additional medical treatment but a legal process meant to provide an impartial medical viewpoint on the injured worker or party’s condition and need for further medical attention.
Q2: What is the primary purpose of an Independent Medical Examination (IME)?
A2: The purpose of an IME is to resolve medical disputes between the claimant and the insurer or at-fault party by using independent doctors providing an impartial evaluation of the claimant’s injury or permanent impairment. However, it is important to note that the doctors conducting these examinations are typically chosen and compensated by the insurer, which may influence the outcome of the report.
Q3: What can I expect during an Independent Medical Examination (IME)?
A3: During an IME, the examining physician will review your medical history, symptoms, treatments, and diagnostic tests such as MRI reports, X-rays, and CT scans. The examination usually lasts about 30 minutes, during which everything is recorded. The physician will then write a report based on their findings relevant medical records.
Q4: How can the outcome of an Independent Medical Examination (IME) impact my personal injury case?
A4: The report from an IME can greatly impact your personal injury or workers’ compensation case. Despite possible biases, most workers compensation attorneys and’ comp judges often trust the impartiality of IME physicians. Consequently, if the IME report is unfavorable, there is a risk your workers comp claim might be denied.
Q5: What are my options if the results of the IME are unfavorable and my claim is denied?
A5: If your workers’ compensation claim is denied based on the IME report, you have several options. You can investigate the qualifications of the examining doctor, review your physical examination results with the insurance company for inaccuracies, or, with the help of your attorney, file a lawsuit against the IME doctor for lying or fraud if there are suspicious circumstance
Frequently Asked Questions
What is the statute of limitations for personal-injury claims in Georgia?
Two years from the date of injury under O.C.G.A. § 9-3-33 for most personal-injury claims, including wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32.
How does fault allocation work under Georgia law?
Georgia uses modified comparative negligence under O.C.G.A. § 51-12-33. A plaintiff who is less than 50% at fault can recover, with damages reduced by their percentage of fault. At 50% or more, no recovery.
What is uninsured-motorist coverage and is it required in Georgia?
Uninsured-motorist (UM) and underinsured-motorist (UIM) coverage are governed by O.C.G.A. § 33-7-11. Georgia requires insurers to offer UM coverage with every auto policy, although policyholders may reject it in writing. UM is the primary recovery path when the at-fault driver has no insurance.
Where can I verify Georgia law cited in this article?
Every statute referenced is a real Georgia code section, viewable through law.justia.com. For practice guidance, consult the State Bar of Georgia and the Supreme Court of Georgia.
