When you are injured on the job and file a workers’ compensation claim, your employer (and the workers’ compensation insurance provider) have the right to require that you submit to a medical examination by a doctor of their choosing. It’s called an independent examination, but the doctor will be looking for justification to either minimize or deny your claim. There are certain things you should always do, and measures that you can take, to protect your claim and your right to recovery.
The best approach is always the honest one. Don’t minimize your injury, but don’t exaggerate it, either. Don’t try to guess what you should say to make certain your claim is approved. Tell the doctor what you can and cannot do without pain. It’s not unlikely that your employer or the workers’ compensation insurance company will send a private investigator out to observe you in your daily activities. If you’ve told the doctor you can’t walk without pain, but you are videotaped jogging around the block, your claim will probably be denied (and you may not need workers’ compensation benefits, anyway).
One of the common mistakes that personal injury victims make is focusing on “obvious” injuries to the exclusion of less-visible, but potentially more serious physical problems. Tell the doctor everything that happened and everything that’s out of the ordinary. Don’t focus on the broken leg and forget the strained neck or back, which may ultimately be more debilitating.
Ask to Have the Exam Videotaped
You have the legal right to have your exam videotaped. If the doctor refuses to comply, get an attorney involved.
Contact the Law Offices of Voorhees Law, LLC
We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.