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Lancaster Workers’ Compensation Attorneys Prepare Injured Workers for Independent Medical Examinations

When a Pennsylvania worker is injured on the job, one of the first things they should do is seek out medical attention. For many, it means a trip to the doctor, the emergency room, or the operating table. An injured employee is required to report their injury to their employer within 120 days of the incident. If the hurt worker does not make such a report within 21 days, they will not be eligible for disability benefits from the date of the injury up until the date notice is given to the employer (assuming notice is given within 121 days)—only disability subsequent to the report.

When a report of a work injury is made, under the law, the injured worker must be presented with the employer’s and workers’ compensation insurance company’s “panel list” of medical and healthcare providers. There must be at least six providers on the panel list, and, if the list does not contain the type of provider the injured employee needs (for instance, if the worker suffered a cervical or lumbar disk herniation, and there is no orthopedic surgeon or neurosurgeon on the list), they may go outside of the panel for such treatment. The employee must treat with one of the “panel” providers for 90 days following the work injury. Thereafter, as long as the treatment is reasonable, necessary and directly-related to the work injury, they may treat with the doctor, therapist, chiropractor, etc. of their choice.

Under the workers’ compensation law in Pennsylvania, employers and their insurance companies have the ability to send a claimant (injured worker) to an independent medical examination, or IME, up to two time within a twelve-month period. Don’t be fooled by the use of the term, “independent,” however. The workers’ comp carrier gets to choose the doctor who conducts the examination, and, almost always, they choose a doctor that is not truly independent.

Many IME doctors are heavily dependent on insurance company referrals, and as such, they try to justify their opinions by showing that the injured worker is faking or exaggerating their injuries. The doctor will try to show inconsistencies between the injured worker’s complaints and statements regarding their capabilities…and what that worker does socially or as part of their daily routine. Some IME doctors will even watch recordings of the injured worker walking to and from the exam room! The bottom line is that, more often than not, IME doctors are “hired guns” of the employer and insurance company and are more interested in doing their bidding than they are in performing a fair, objective and impartial evaluation of the claimant.

The scary thing is that the outcome of the IME doctor’s examination could mean a modification, suspension, or termination of workers’ compensation benefits. Consequently, it is critical that the injured worker has had the opportunity to treat with their own medical providers before the time of the IME, in order to refute what the IME doctor says, and that the claimant is prepared to handle the evaluation.

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What Can You do to Prepare for an Independent Medical Examination?

Prior to an appointment for an independent medical examination, you should:

  • Request copies of any documents sent from the insurance company to the doctor, such as medical records, letters describing the injury, and lists of questions.
  • Be truthful during the examination but be aware the doctor may not have your best interests in mind; therefore, proceed with caution when it comes to questions regarding your prior injuries and current limitations.
  • Contact an experienced workers’ compensation attorney who will help you prepare for the exam, and who will walk you through the entire process, while aggressively fighting to maximize your workers’ compensation.

Contact Lancaster PAs TOP Workers’ Compensation Attorneys

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we aggressively represent injured workers and have handled thousands of workers’ comp claims. When an insurance company schedules an IME, it is a watershed moment in the claim. If you are an unrepresented claimant and this happens, it is time to give us a call—because, as described above, “independent” does not mean independent.

We will be your ally and give you peace of mind as we navigate the complex workers’ compensation system together. You have nothing to lose—we always offer completely free case reviews, and we are available 24/7 and can come to you if it is more convenient. Simply give us a call at 1-800-HURT-NOW!

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Independent Medical Examinations Frequently Asked Questions

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we understand that sustaining a workplace injury is more than just physically painful- it can also throw your life into turmoil. As seasoned workers’ compensation attorneys serving Lancaster County and beyond, we know how critical it is to protect your rights at every stage of the claim process, especially when it comes to the Independent Medical Examination (IME). While the word “independent” suggests neutrality, the reality is often quite the opposite.

Under Pennsylvania law, the employer’s workers’ compensation insurance carrier has the right to request an IME to evaluate your injury and treatment progress. However, this exam is conducted by a physician handpicked by the insurance company- usually someone who earns a significant portion of their income from denying or downplaying injury claims. The IME is a strategic tool used by insurers to terminate, suspend, or modify benefits.

This is where we come in. With thousands of cases under our belt, our firm fights to ensure that injured workers are informed, prepared, and protected. Below, we’ve compiled a list of frequently asked questions that we often hear from our clients facing IMEs.

An Independent Medical Examination, or IME, is a medical evaluation arranged by your employer’s workers’ compensation insurance company. It’s designed to assess your current physical condition, determine whether your treatment is necessary, and evaluate whether you can return to work. While it’s labeled “independent,” don’t be misled- the doctor conducting the IME is selected and paid by the insurance company, not a neutral third party.

The real goal of an IME is often to limit the insurer’s liability. If the IME doctor concludes you’re no longer injured or that your injury isn’t as serious as claimed, the insurance company may attempt to reduce or cut off your benefits entirely. That’s why we take these examinations seriously. At our firm, we prepare our clients thoroughly for their IME, guiding them on how to answer questions truthfully yet cautiously and advising them on what to expect during the visit. Our deep knowledge of how insurers operate and how IMEs are conducted gives our clients a strong advantage.

Yes, unfortunately. The IME doctor’s report can be used by the insurance company to justify reducing, suspending, or even terminating your benefits. It’s important to understand that the IME doctor is not treating you or looking out for your best interest- they are looking for any reason to suggest that your injury is not as serious as your treating doctor has reported.

At Georgelis, Larsen & Sabatino, we have seen many IME reports that are one-sided, ignore significant medical facts, or downplay an injury’s seriousness. That’s why we fight back- by ensuring you’ve had thorough, well-documented treatment from your own doctors, and by aggressively challenging any biased IME findings. We also cross-examine IME doctors during hearings to expose inconsistencies or flaws in their evaluations. You don’t have to accept the IME report as the final word- let us help you defend your benefits and your future.

Preparation is key. At Georgelis, Larsen & Sabatino, we take the time to meet with our clients before an IME to explain what to expect and what to watch out for. We recommend reviewing your medical history, especially how the injury occurred and how it has impacted your daily life. Be ready to discuss your pain levels, physical limitations, and the treatments you’ve received.

We also advise our clients to be honest but cautious. Some IME doctors may twist innocent remarks or exaggerate minor inconsistencies to argue that you’re not injured or that you’re exaggerating. Always remain respectful, but never minimize your symptoms. Also, be aware you may be under surveillance, even from the moment you arrive in the parking lot. How you walk, sit, or carry personal items could be scrutinized.

We go a step further by requesting the documents sent by the insurance company to the IME doctor, ensuring the doctor isn’t relying on incomplete or misleading information. With us by your side, you’ll walk into the IME fully prepared and protected.

While Pennsylvania law does not specifically prohibit having someone accompany you to an IME, many IME doctors or their staff will not allow anyone else in the examination room. That said, you can bring someone with you to the appointment for support, to wait in the lobby, and even to take notes on how long the exam lasted and any unusual interactions. However, you are not able to have a companion with you in the examination room unless a certified nurse is sent with you.

Our firm often recommends that clients document as much as possible. If the IME is brief or seems dismissive, that could become relevant later- especially if the report contradicts the severity of your condition. Some clients are even advised to request a copy of the IME report, which we can then evaluate against your existing medical records.

We also sometimes arrange for video testimony or depositions that question the legitimacy of the IME findings. Bottom line: even if you can’t bring someone into the exam room, having a legal advocate like us can help level the playing field.

During the IME, you should always be honest, but you should also be cautious and not volunteer unnecessary information. Answer the doctor’s questions directly and stick to the facts. Don’t exaggerate symptoms- but also don’t downplay them out of fear of seeming weak.

Avoid speculative statements like “I think I can go back to work soon” or “It only hurts sometimes.” These kinds of phrases can easily be taken out of context. Never discuss unrelated past injuries unless specifically asked, and even then, clarify that they have no bearing on your current condition unless your treating doctor believes otherwise.

You should also avoid discussing legal issues, settlement amounts, or anything related to your workers’ comp claim beyond the medical facts. If you’re unsure how to respond to a question, it’s okay to say, “I don’t know” or “I need to check with my doctor.” Our attorneys will help you rehearse beforehand so you feel confident and in control during the exam.

After the IME, the doctor will issue a written report to the insurance company summarizing their findings. This report can become a major turning point in your case. If the doctor states that you are fully recovered or can return to work without restrictions, the insurer may file to stop or reduce your benefits.

Once the IME report is issued, we review it carefully and compare it to your existing medical records, your treating doctors’ opinions, and any surveillance the insurance company may be using. If we find inaccuracies or bias, which we often do, we’re ready to challenge the report aggressively.

In many cases, we will depose the IME doctor or use our own medical experts to refute their claims. The key takeaway? You must never go into an IME without the support of a skilled workers’ compensation attorney. At our firm, we handle everything- from preparing you beforehand to defending you afterward.

Absolutely. The IME report is not final and can be challenged. In fact, challenging flawed or biased IME reports is something we do routinely at Georgelis, Larsen & Sabatino. If the IME doctor claims you’re not injured- or that your injury isn’t work-related- we build a case based on your full medical history, your treating physicians’ opinions, and expert testimony.

We can also request a hearing before a workers’ compensation judge and present compelling evidence that contradicts the IME findings. This includes depositions from your doctors, cross-examination of the IME physician, and detailed analysis of your medical records. Many judges recognize the patterns of bias among certain IME doctors, and our thorough presentation of evidence can turn the tide in your favor.

Don’t accept an unfavorable IME result without a fight- call us immediately. Time is of the essence when challenging these findings, and we are ready to act swiftly and decisively on your behalf.

Under Pennsylvania law, the insurance company can typically require you to attend an IME twice per year, or once every six months. However, they must provide you with adequate notice, and the examination must be within a reasonable travel distance.

It’s important to note that you are required by law to attend an IME if it’s properly scheduled. Refusing to attend could result in the suspension of your benefits. That’s why it’s so important to call our firm as soon as you receive an IME notice- we’ll ensure the request complies with legal guidelines and that your rights are protected.

We also verify that the exam is necessary, that the doctor is properly licensed and qualified, and that you aren’t being unfairly harassed with repetitive or excessive IME demands. Our experience and legal strategy can help you maintain the upper hand throughout your workers’ comp claim.

While an IME doctor can disagree with your treating physician, their opinion is not automatically superior. The insurance company may use its report to justify altering your benefits, but it’s ultimately up to the workers’ compensation judge to determine which medical opinion is more credible.

This is where we come in. At Georgelis, Larsen & Sabatino, we know how to present a powerful case that supports your treating doctor’s conclusions. We use medical records, expert testimony, and our years of litigation experience to expose the IME doctor’s lack of context, bias, or factual errors.

We’ve seen countless situations where an IME doctor conducted a brief, one-time evaluation and tried to override the opinion of a treating physician who had cared for our client over many months or even years. When challenged effectively, judges often give more weight to the treating doctor. We know how to make that happen.

The IME is a critical legal event that can significantly impact your benefits. You need an experienced attorney to help you prepare, protect your rights, and respond quickly if the IME report is unfavorable. At Georgelis, Larsen & Sabatino, we don’t just hand you tips- we walk through the entire process with you.

We review the IME notice, prepare you for what to expect, request and review the doctor’s report, and build a strong counter-narrative when necessary. If the insurance company tries to use the IME to terminate or modify your benefits, we fight back through hearings, medical evidence, and expert legal strategy.

Having an experienced workers’ comp lawyer on your side levels the playing field. Insurance companies have teams of professionals working against you- shouldn’t you have someone just as committed working for you? Contact us today for a free consultation.

Reviewed by Anthony M. Georgelis, Attorney at Georgelis, Larsen & Sabatino Injury Law Firm, on May 20th 2025.

Reviewed by Anthony M. Georgelis, Attorney at Georgelis, Larsen & Sabatino Injury Law Firm, on May 20th 2025.

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