You got a letter saying you need to attend an Independent Medical Examination. Your stomach dropped. You are not alone — and you do not have to walk in unprepared.
An IME can be one of the most important moments in your workers' comp claim. Most injured workers go through several IMEs over the life of a claim — some are fairly routine, but others can shape your benefits for years. The insurance company picks the doctor, pays the doctor, and uses the report to decide your benefits. But if you know what to expect and how to prepare, you can protect yourself.
Here is what every injured worker in New York needs to know before, during, and after an IME.
What Is an IME in Workers' Comp?
An Independent Medical Examination is a medical exam requested by your employer's insurance carrier. Despite the name, it is not independent — the insurance company chooses and pays the doctor.
The IME doctor is not your treating physician and is not there to help you. They will not give you medical advice or treatment — their only job is to write an opinion for the insurance company. The relationship is entirely transactional, so do not treat the exam like a visit to your own doctor.
That opinion takes the form of a written report, and it carries real weight. The report can affect whether you are entitled to workers' compensation at all, whether your claim stays open, the rate at which you are paid, whether you keep getting benefits, and what your Schedule Loss of Use award looks like. In a controverted (disputed) case, the first thing the IME addresses is whether your injury is causally related to your work — and that alone can determine whether you have a claim.
In New York, it is the insurance carrier — not the Workers' Compensation Board — that schedules an IME. The carrier can send you a notice for one at almost any point while your claim is open, particularly when you have not yet reached Maximum Medical Improvement (MMI, also called permanency) and are receiving ongoing benefits. You are required to attend. Skipping it can result in your benefits being suspended — and even when it does not, failing to complete your IME usually stalls your case. Whatever you are trying to move forward — surgery approval, a permanency finding, or ongoing benefits — can be delayed until the exam is done.
How Should You Prepare for a Workers' Comp IME?
Before the exam:
- Write down every symptom you still experience — pain, numbness, limited range of motion, trouble sleeping
- Note how your injury affects your daily life and your ability to work
- Be ready to describe the accident clearly and consistently
- Do not exaggerate, but do not downplay your symptoms either
- Be prepared to answer questions about your medications, prior injuries to the same body part, and your medical history — but do not hand the doctor a list or volunteer documents
- Read the intake questionnaire carefully before filling it out — questions about prior injuries can be used against you, so answer as carefully as you would under oath
- Arrive on time — being late can be used against you
During the exam:
- Be polite but honest
- Answer questions directly — do not volunteer extra information
- If a movement causes pain, say so immediately
- Pay attention to how long the exam lasts (many IME exams are surprisingly short — often just 10 to 15 minutes, and the doctor is generally required to note the duration on the report)
What Should You NOT Do at an IME?
- Do not skip it without a good reason. Your benefits can be suspended if you fail to attend. If an exam is scheduled somewhere unreasonable — far from your home, or outside normal business hours — talk to your attorney, because you may not be required to go
- Do not lie. The IME doctor is looking for inconsistencies
- Do not minimize your pain. Many workers try to tough it out — this hurts your claim
- Be consistent with what you have told your own doctor. Describe your pain and limitations the same way you would to your treating physician. Unless your condition has genuinely changed, your account should match — IME doctors look for differences, and even unintentional ones can be used against you
- Do not argue with the doctor. Stay calm and factual
- Do not go without preparation. Treating it like a routine doctor visit is a mistake — this exam exists to protect the insurance company, not you
Can You Bring Someone to Your IME?
Yes. In New York, you have the right to have your IME recorded on video. This is one of the most powerful protections available to injured workers — and most people do not know about it.
You can bring anyone you want with you to an IME, and they can have a video camera. If you show up as directed, the doctor cannot prevent you from recording. The person recording cannot interfere with what the doctor is doing, and the doctor cannot interfere with the recording.
At Schotter Millican, we have deep experience with IME videography. We train our clients and their families on how to properly video-record the exam — the tactics, the rules, and what to watch for. The video creates an objective record of exactly what happened: how long the exam lasted, what tests were performed, and what the doctor said. If the IME report later contradicts what actually happened in the room, the video tells the real story.
Insurance companies know when an exam is being recorded. That alone changes the dynamic.
What if the doctor or facility refuses to let you record? This is worth discussing with your attorney ahead of time. One approach we talk through with clients: if they will not let you exercise your right to record, you can decline to be examined and let them mark you as a "no-show" — while making clear that you showed up, were ready to be examined, and were turned away only because they would not allow the recording the law entitles you to. That keeps the fault with them, not you. This kind of information is rarely available online, which is exactly why it matters.
What Happens After a Workers' Comp IME?
The IME doctor writes a report and sends it to the insurance carrier. That report typically addresses:
- Whether your injury is related to your job
- Whether you have reached Maximum Medical Improvement (MMI)
- Whether you can return to work, and with what restrictions
- Whether a recommended surgery or other medical treatment will be approved
- Your degree of disability or Schedule Loss of Use percentage
If the IME report disagrees with your treating doctor, the insurance carrier may use it to reduce or cut off your benefits. This is where having legal representation matters — your attorney can challenge the IME findings at a Workers' Compensation Board hearing.
A key tool your attorney has is the ability to cross-examine the IME doctor under oath. This means asking detailed questions about their report, picking apart inconsistencies, and exposing any shortcuts they took during the exam. If you have video of the exam, your attorney has concrete evidence to work with — not just your word against the doctor's report.
Learn more about how IME findings affect your schedule loss of use award.
When Should You Talk to a Lawyer About Your IME?
Ideally, before the exam. An experienced workers' comp attorney can:
- Help you understand what the IME doctor is likely evaluating
- Prepare you for the types of questions you will face
- Train you and a family member on how to video-record the exam
- Cross-examine the IME doctor under oath if the report is unfavorable
- Challenge an unfavorable IME report at the Board
If you have already had your IME and the report came back against you, it is not too late. IME reports can be challenged with your own medical evidence and, if available, video documentation of the exam.
Key Takeaways
- An IME is ordered by the insurance company — it is not on your side
- Prepare thoroughly: know your symptoms, be honest, do not minimize or exaggerate
- You have the right to bring someone to video-record your IME in New York — the doctor cannot stop you
- An unfavorable IME report can be challenged at a Board hearing, including through cross-examination of the IME doctor under oath
Hurt on the job and facing an IME? We can help you prepare and protect your claim. Call (718) 770-3708 for a free consultation. No fee unless we win.
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