When it comes to workplace safety, workers’ compensation claims and return to work policies, employers are increasingly requesting independent medical examinations for employees.
If your employer has requested an examination, or you have one coming up and you want to prepare, read on to understand what to expect, know your rights and decide if you need further legal representation.
Key Takeaways
- You must attend if requested, but the employer needs a lawful and reasonable purpose. You can also bring someone with you for support and to take notes.
- Your employer should covers all costs of the assessment and you should never be asked to pay for it if they’ve requested.
- If the medical assessment is unfair or inaccurate, you can dispute it with counter-evidence from your treating doctor or lodge a formal complaint with the Health Complaints Commissioner.
- If the assessment relates to a workers’ compensation, TAC, or personal injury claim, specialist legal guidance can help you prepare, understand your rights, and ensure the request is reasonable.
What Is an Independent Medical Examination?
An Independent Medical Examination is an objective assessment of an employee’s health or injury. An IME is frequently required in workers’ compensation, personal injury or employment-related legal claims.
The assessment is carried out to:
- Determine the extent of an injury or illness
- Establish work capacity upon returning to work after injury or illness
- Guide rehabilitation for treatment referral
Why Does My Employer Want Me to Have a Medical Assessment?
Your employer might request an IME for a number of reasons:
- Return to work or injury management – to determine what tasks an employee can safely perform upon their return to work.
- Conflict resolution – to obtain a third-party specialist opinion with regards to a workers’ compensation claim.
- Workplace health and safety (WHS) assessment – to fulfil legal obligations to provide a safe workplace.
Under the Fair Work Act, the request must have lawful and reasonable direction – your employer has to provide a clear, specific purpose for the examination.
Do I Have to Attend a Medical Assessment?
If a medical assessment is requested by your employer, insurer or workers’ compensation board, you are legally obligated to attend.
However, if there is no reasonable basis for the referral, the employee can dispute the request.
What Are My Rights During a Medical Assessment?
Knowing your rights will ensure that you remain in control throughout the process.
- Consent: you will be required to give consent before the assessment begins, and for the information to be released.
- Limited scope: the assessing doctor should only ask questions and make examinations relevant to the specific reason for your referral.
- Support person: you can bring a trusted friend or family member with you.
- Costs: you will not be required to cover any associated costs; this responsibility lies with your employer.
- Right to comment: employees have the opportunity to comment on any medical reports obtained by their employer, or to provide more detailed information about the findings.
Can I Have Someone with Me at the Assessment?
Absolutely – it’s recommended that you bring a trusted friend or relative with you to the exam.
While this person is not allowed to speak during the exam, they can help you with both emotional support, and also by taking notes, since they can act as a witness to the exam if needed.
What Happens If I Refuse to Attend?
Refusal to attend your IME without reasonable cause might result in suspension of your workers’ compensation payments, disciplinary action or suspension from work.
It’s important to make sure you can provide a valid reason for missing or refusing to attend the medical examination.
What Should I Do Before, During and After the Assessment?
As the recipient of the examination, it’s helpful to prepare as much as possible for the process:
Before the exam:
- Be familiar with your medical history
- Review how the injury or illness happened
- Know your medical treatment
During the exam:
- Arrive early to ensure you don’t miss your appointed time
- Bring someone with you to take notes and provide support
After the exam:
- Write your own record of what happened
- Review the report carefully to ensure accuracy
What If the Assessment Report Is Unfair or Inaccurate?
If the results of the report do not align with your own experience – either because the report is unfair, inaccurate or biased – you don’t have to simply accept it.
You have a right to dispute any decision that the IME supports by submitting counter-evidence from your treating doctor or lodge a formal professional complaint through the Health Complaints Commissioner.
Should I Get Legal Advice Before Attending?
If the medical assessment is related to a workers’ compensation, TAC or personal injury claim, we recommend seeking legal advice before attending.
Specialist legal teams will be able to advise you on your rights, help you prepare for the examination and ensure that the request from your employer is reasonable.
If you’re unsure about any particulars of your case, contact us for a free, confidential and no-obligation consultation. In this introductory appointment, we can discuss your case fully and explore desired outcomes.
Understand Your Options with Ryan Carlisle Thomas
If your employer has requested a medical assessment and you want to know your rights, we can help you explore your next steps. From our offices across metropolitan and regional Victoria, we have expert teams ready to help you pursue justice.
Our No Win, No Fee OR Expenses services will ensure you can pursue your claim without concern over any financial ramifications of the result.
Contact us to arrange a free, no-obligation consultation.
