#workers' compensation

work_injury_third_party_claim_no_text If you were injured at work, you were likely told that workers’ compensation is your only remedy. Workers’ compensation does provide important benefits, but it is not always the only legal claim available — and in many cases, it is not the most valuable one.

In Massachusetts, a large number of workplace injuries are actually caused by the negligence of someone other than the employer. When that happens, injured workers may have the right to pursue a third-party personal injury claim in addition to receiving workers’ compensation benefits.

These third-party claims can dramatically increase an injured worker’s total financial recovery. Unfortunately, they are also frequently missed or never investigated, especially in high-volume workers’ compensation practices.

Understanding Third-Party Claims in Work-Related Injury Cases

A third-party claim is a civil personal injury lawsuit brought against a negligent person or company other than your employer or a co-worker.

doctor-and-patient-photo-1024x683 If you’re hurt on the job and receiving workers’ compensation benefits in Massachusetts, there’s a good chance the insurance company will eventually send you a letter telling you to attend something called an IME.

Most injured workers panic when this happens — and for good reason. An IME can affect your weekly checks, your medical treatment, and the entire direction of your case. But once you understand what an IME really is, why the insurance company is sending you to one, and how the results are used, you’ll be in a much better position to protect yourself.

This guide breaks it all down in simple, blue-collar language.

What Exactly Is an IME?

IME stands for Independent Medical Examination.

But the name is misleading. The doctor isn’t independent, and this exam is not for your benefit. The exam is ordered by the insurance company, done by a doctor they choose, and performed for the sole purpose of giving the insurer a medical opinion that can be used to:

Stop or reduce your weekly checks
Deny or limit your medical treatment
Claim you can go back to work
Say your condition is “pre-existing”
Dispute whether your injury is work-related

The doctor is not your treating physician and has no intention of giving you medical advice or helping you heal. Their job is simply to examine you quickly, review your medical records, and submit a written report that the insurer can use.

Articles Tagged with #workers’ compensation

Why Is the Insurance Company Sending Me for an IME? What Massachusetts Workers Need to Know.

What Exactly Is an IME?