Getting hurt at work is stressful enough without having to navigate a complicated legal process while you’re in pain. But in Florida, how quickly and correctly you report your injury can make or break your entire workers’ compensation claim. Knowing the steps ahead of time puts you in the best position to protect your rights and your recovery.
Step 1: Report the Injury to Your Employer Immediately
Florida law requires injured workers to notify their employer of a workplace injury within 30 days of the accident or within 30 days of discovering that an injury or illness is work-related. Missing this deadline can result in your claim being denied entirely.
That said, 30 days is the legal maximum, not the ideal. The sooner you report, the better. Waiting gives insurance companies room to argue that your injury happened elsewhere or that it isn’t as serious as you claim.
When you report, tell your supervisor or HR representative:
- The date and time the injury occurred
- Where on the job site or property it happened
- Exactly how the injury occurred
- Every part of your body that was affected
Do not minimize what happened. Many workers underreport the extent of their injuries in the moment because they feel embarrassed, don’t want to seem like a problem, or assume they’ll feel better soon. This is one of the most common mistakes that comes back to hurt a claim later.
Step 2: Get Your Report in Writing
A verbal report to your supervisor is a starting point, but it is not enough on its own. Ask your employer for a written incident report form and fill it out as thoroughly as possible. Keep a copy for yourself.
If your employer does not have an incident report form or refuses to provide one, write up your own account of what happened, including the date, time, location, how the injury occurred, and the names of any witnesses. Send it to your supervisor or HR by email so you have a timestamped record.
Documentation is everything in workers’ compensation cases. What you put in writing in the days immediately after your injury often carries more weight than anything said months later during a claim review.
Step 3: Seek Medical Treatment Through the Right Channels
After reporting to your employer, you are entitled to medical care. In Florida, your employer or their workers’ compensation insurance carrier has the right to direct your medical treatment. This means you typically need to see a doctor from an approved list or network, not your personal physician.
Your employer is required to provide you with a list of authorized treating physicians. If your employer fails to do so within three days of your report, or if you are dealing with a medical emergency, you have the right to seek immediate treatment at the nearest facility.
Going outside the authorized network without approval can jeopardize your claim. Always confirm which providers are covered before scheduling non-emergency care.
Step 4: Your Employer Must Notify Their Insurance Carrier
Once you report your injury, Florida law requires your employer to notify their workers’ compensation insurance carrier within 7 days. The insurance carrier then has 3 days to either provide you with a managed care arrangement or point of service plan, or begin authorizing care directly.
If your employer fails to report the injury to their carrier, that is their legal obligation to fulfill, not yours. However, if you suspect your employer is dragging their feet, contact an attorney right away.
Why Timing Matters More Than Most Injured Workers Realize
The 30-day reporting window sounds generous, but several things happen in the days immediately following a workplace injury that can quietly undermine your claim if you are not careful.
Evidence disappears quickly. Security footage gets overwritten. Witnesses forget details or leave the job. Equipment gets repaired or replaced. The physical conditions that caused your injury may be corrected before anyone documents them.
Delays suggest the injury wasn’t serious. Insurance adjusters are trained to look for gaps and inconsistencies. If you waited two weeks to report a back injury, the adjuster’s first question will be why. Even a legitimate explanation can be difficult to prove after the fact.
Your medical records start a clock. If you sought personal medical treatment before filing your workers’ comp claim, those records will be reviewed. Any gap between when you were treated and when you reported the injury to your employer is something the insurance company will use against you.
Statute of limitations begins running. In Florida, you generally have 2 years from the date of injury to file a workers’ compensation claim. While 2 years may feel like plenty of time, gathering medical records, building your case, and negotiating with an insurer takes longer than most people expect.
What to Do If Your Claim Is Denied
Workers’ compensation claims in Florida are denied for many reasons, and a delayed or incomplete initial report is near the top of the list. Other common reasons include disputes over whether the injury is work-related, questions about the severity of the injury, or an employer disputing that the incident occurred at all.
A denial is not the end of the road. You have the right to request a hearing before a Judge of Compensation Claims. But navigating that process on your own, especially while recovering from an injury, is extremely difficult.
Talk to Pena Law Group, P.A. Before You Assume You’re Out of Options
At Pena Law Group, P.A., we have seen how quickly a straightforward workers’ compensation claim can become complicated when the initial report is mishandled or when an employer’s insurance carrier starts pushing back. Our team understands Florida workers’ compensation law and knows how to build a case that holds up under scrutiny.
If you were injured at work, do not wait to get legal guidance. A consultation with Pena Law Group, P.A. costs you nothing, and it could make a significant difference in what you ultimately recover.
Contact Pena Law Group, P.A. today to discuss your workplace injury and find out what your claim is actually worth.
Frequently Asked Questions About Reporting a Workplace Injury in Florida
How long do I have to report a workplace injury to my employer in Florida?
You have 30 days from the date of the injury, or from the date you discovered the injury was work-related, to notify your employer. However, reporting as soon as possible is always in your best interest. Delays give insurance carriers room to dispute your claim.
What happens if I miss the 30-day reporting deadline?
Missing the deadline can result in your workers’ compensation claim being denied. There are limited exceptions, such as cases where the injury was not immediately apparent, but proving those exceptions requires legal support. If you are approaching or have already passed the 30-day window, contact Pena Law Group, P.A. right away to understand your options.
Do I have to report my injury in writing?
Florida law does not require a written report to your employer, but putting everything in writing is strongly recommended. A verbal report leaves no paper trail. If your employer later disputes that you ever reported the injury, a written record sent by email or signed incident report is the evidence you need.
Can my employer fire me for filing a workers’ compensation claim?
Florida law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If you are fired, demoted, or treated adversely after reporting a workplace injury, that may constitute unlawful retaliation and you may have grounds for a separate legal claim.
Can I see my own doctor after a workplace injury in Florida?
In most cases, no. Florida workers’ compensation law gives your employer and their insurance carrier the right to direct your medical care through an authorized provider network. Seeing an outside physician without authorization can jeopardize your ability to have those bills covered. If a medical emergency occurs, you may seek treatment at the nearest facility and notify your employer as soon as possible afterward.
What if my employer refuses to file a report with their insurance carrier?
Your employer is legally required to report your injury to their workers’ compensation insurer within 7 days of your notification. If they refuse or fail to do so, do not wait for them to act. Contact Pena Law Group, P.A. so we can help you pursue your claim through the appropriate channels and hold your employer accountable.
What if my workers’ compensation claim is denied?
A denial is not final. You have the right to contest a denied claim by requesting a hearing before a Judge of Compensation Claims in Florida. The process has strict procedural requirements and deadlines, so having an attorney on your side significantly improves your chances of a successful outcome.
How long do I have to file a workers’ compensation claim in Florida?
Florida gives injured workers 2 years from the date of injury to file a workers’ compensation claim. While that may seem like ample time, building a strong case takes longer than most people expect. Waiting also risks losing critical evidence. Starting the process early with the help of Pena Law Group, P.A. puts you in the strongest possible position.
Does workers’ compensation cover all of my lost wages?
Workers’ compensation in Florida covers a portion of your lost wages, typically 66⅔ percent of your average weekly wage, up to a state-set maximum. It does not replace your full income. In some cases, particularly those involving third-party negligence, additional compensation may be available beyond what workers’ comp provides.
Is there any cost to speak with an attorney at Pena Law Group, P.A.?
No. Pena Law Group, P.A. offers free consultations for workplace injury cases. Our attorneys work on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf. There is no financial risk to getting the legal guidance you need.
This article is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed Florida attorney.
If you were just hurt on the job in Lake Mary, Sanford, Orlando, or anywhere else in Central Florida, the next 24 hours matter more than you might realize. What you do (and don’t do) in this short window can shape whether your workers’ compensation claim moves forward smoothly or runs into trouble before it even starts.
Here is a clear, step by step guide to protect your health, your job, and your right to benefits.
1. Get Medical Attention Immediately
Your health comes first. If your injury is serious, call 911 or get to the nearest emergency room. For less severe injuries, seek treatment from an authorized workers’ compensation doctor as soon as possible.
In Florida, the law requires injured workers to use a doctor approved by their employer’s workers’ compensation insurance carrier, except in true emergencies. Going to your own doctor first can create complications with your claim, so try to get directed to an authorized provider quickly.
2. Report the Injury to Your Employer
Florida law gives you only 30 days to report a workplace injury, but waiting even a few hours can hurt your case. Tell your supervisor or HR department what happened as soon as you are able. Be specific about how, when, and where the injury occurred.
Report the injury in writing if possible, even if it’s just a quick email or text message that creates a timestamped record. Keep a copy for yourself.
3. Document Everything You Can
If you are physically able, take photos of:
- The location where the accident happened
- Any equipment, vehicles, or hazards involved
- Visible injuries
Write down the names of any coworkers who witnessed the accident. Memories fade quickly, and witness statements are often most valuable when collected early.
4. Be Careful What You Say to the Insurance Company
Within a day or two, the workers’ compensation insurance adjuster may try to contact you for a recorded statement. You are not required to give one right away, and anything you say can be used to minimize your claim later.
It is common for adjusters to ask leading questions designed to make an injury sound less serious than it is. Before giving any recorded statement, it is worth speaking with an attorney who handles Florida workers’ compensation cases.
5. Follow Your Doctor’s Instructions Exactly
If you are placed on light duty or given work restrictions, make sure your employer receives a copy of those restrictions in writing. If your employer asks you to do tasks outside those restrictions, document it and let your attorney know.
Skipping appointments or ignoring medical advice, even briefly, can give the insurance company a reason to dispute your claim down the road.
6. Keep Records of Lost Wages and Expenses
Start a simple folder (physical or digital) for:
- Pay stubs from before and after the injury
- Mileage to and from medical appointments
- Receipts for medications or medical supplies
- Any correspondence with your employer or the insurance company
These records will become important if there are disputes about your wage loss benefits.
7. Talk to a Workers’ Compensation Attorney Early
Many injured workers wait to call an attorney until after their claim is denied or benefits are cut off. By then, valuable evidence may already be lost, and the insurance company has had a head start.
A free case review with an experienced Central Florida workers’ compensation attorney costs nothing and can help you understand your rights before mistakes happen.
You Don’t Have to Handle This Alone
At Pena Law Group, we represent injured workers throughout Seminole, Orange, Volusia, and Osceola counties, including Lake Mary, Sanford, Orlando, Altamonte Springs, Winter Park, Casselberry, Apopka, Kissimmee, and the surrounding areas.
Attorney Ashley Pena and our team prepare every case as if it is going to trial, which is exactly why insurance companies take our clients seriously. We work on contingency, so there is no upfront cost, and you only pay if we win.
If you were injured on the job, call us today at (800) 761-2017 for a free, no obligation case review available 24/7. We are proud to offer bilingual representation in English and Spanish.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every workers’ compensation case is different. Contact Pena Law Group for advice about your specific situation.
You got injured at work, you hired an attorney, and filed your claim in court. Now, the attorney for your employer and their workers’ compensation insurance carrier wants to depose you. You may be asking yourself a million questions from what is a deposition, to is it mandatory I attend this deposition, to what can they even ask me at this deposition?
OK, SO TELL ME WHAT IS A DEPOSITION!
If your deposition is scheduled, it is a process where you will be asked to give testimony—under oath— outside the courtroom. While the process can seem informal, as you won’t be in front of a mediator, judge, or jury, a deposition is actually a very important process in your Florida workers’ compensation case. At your deposition, you and your attorney will be present, in addition to the attorney for your employer and their workers’ compensation insurance carrier, a court reporter, and a translator (if needed).
At the commencement of the deposition, the court reporter will put you under oath, which means you are swearing to tell the truth (and the whole truth!). The court reporter is also the person who will be taking down every word that is said during a deposition. This is very important because everything you say at your deposition can be used against you in the future (even years later!).
BUT WHY AM I BEING DEPOSED?
The primary reason for the taking of your deposition is to enable the lawyer who scheduled your deposition the opportunity to discovery any information that may be useful in your case and to further discover what you will say (or to contradict!) what you will say in court.
WHAT KIND OF QUESTIONS SHOULD I EXPECT IN DEPOSITION?
During a deposition, an injured worker may be asked about anything involving matters that are either relevant to the pending legal case or which may lead to facts which ay become relevant. Therefore, it may be difficult to predict exactly what will be asked, but usually you can be asked about your education, work history, medical history, and anything else that may become important, or impact, your workers’ compensation case. What an attorney for the employer and workers’ compensation insurance carrier cannot ask is about conversations you have had with your attorney. There are other times questions may be “objectionable,” where you may not have to give an answer. There instances are rare, but it is important to have an experienced attorney by your side; who knows when to object and what to object to with a legal basis. Ashley C. Pena, Esq. not only has experience sitting with clients and defending them in deposition, but her job as a prior defense attorney placed her on the opposite side of the table of the deposition. This means Ashley C. Pena, Esq. is more equipped to know what may be asked of you and how to avoid dangerous pitfalls, as many times employers and workers’ compensation insurance carriers like to set up injured individuals to hurt their case (surprise, yet again!).
DO I NEED TO BRING ANYTHING WITH ME TO MY DEPOSITION?
The quick answer is no. You should not bring anything with you to a deposition other than what your lawyer instructs you to. Injured individuals often bring many documents with them to their deposition to refer to during the deposition, but this actually can hurt their case and then allows the opposing attorney not only to ask you additional questions related to these documents but also to see what is contained therein.
HOW SHOULD I GO DRESSED TO MY DEPOSITION?
Again, even though you may not be in a court room, a deposition is still a formal proceeding and you should dress accordingly. While this does not mean you need to wear a suit and tie, it is still important to remember the opposing attorney will be evaluating you on your appearance. Therefore, you want to have a neat appearance. While a tank top and shorts are appropriate for the sunshine and heat the State of Florida offers, this attire is not appropriate for your deposition. It is best to wear a nice shirt and nice pants.
DOES IT MATTER IF I SAY SOMETHING THAT ISN’T TRUE?
Absolutely! After your deposition the opposing party will continue to investigate your case and everything you said during deposition. Therefore, if you testified to something that is not true or misleading, you can lose your rights to all of your Florida workers’ compensation benefits. With that being said, if you can’t remember every single fact about questions you are being asked, just let the questioner know you are not certain of your answer.
WHAT HAPPENS AFTER MY DEPOSITION?
As stated before, the opposing party will continue to investigate everything you said during your deposition to see how it can affect your case. For example, if you testified you went to a hospital a month before your accident, the opposing party may issue a “subpoena” to that hospital, which is basically them requesting the hospital you went to provide them records from your visit. If your work accident involved a back injury and you testified you went to the hospital for kidney issues, but the subpoena reveals you actually treated for your back a month before your deposition—then this will allow the employer and workers’ compensation insurance carrier to deny you benefits or potentially your entire claim. However, if you hire Pena Law Group, P.A. to represent you, you will be adequately prepared for your deposition.
ABOUT THE AUTHOR-ASHLEY C. PENA, ESQ.- FLORIDA WORKERS’ COMPENSATION & PERSONAL INJURY ATTORNEY
Ashley C. Pena, Esq. has many years of litigation experience in Florida Workers Compensation and personal injury lawsuits. Mrs. Pena is a zealous advocate for her clients and will always fight for their rights. She offers free consultations and speaks Spanish. Call today to see how Pena Law Group, P.A. has helped countless individuals fight “the big guys” throughout the State of Florida and see how we can help you today.
WHAT IS A MEDIATION?
Once your case is filed in court, a mandatory state mediation will be scheduled by the Judge of Compensation Claims assigned to your case. Pursuant to court rules, the state mediation must occur within 130 days from when the Petition is filed. Put simply, once your attorney files for a benefit for you in court (example: payment of an outstanding medical bill, payment of loss wages, etc.), a state mediation will automatically be scheduled to occur within approximately four months from when that first benefit was requested in court.
WAIT, WHO PAYS FOR A STATE MEDIATION?
State mediations are free and neither party pays for a state mediation. However, sometimes, in lieu of a state mediation, the parties can also agree to a private mediation. Should the parties agree to a private mediation, it is usually the employer and workers’ compensation insurance carrier who will pay for it.
I AM NERVOUS ABOUT MY MEDIATION. WHAT WILL HAPPEN THERE?
First off, don’t be nervous! Mediations are an informal process, in the sense that there will be no judge or jury present. At the mediation, it will it will be you and your attorney, the attorney for the workers’ compensation insurance carrier and employer, the mediator, and a translator (should one be needed). Upon commencement of the mediation, your attorney (hopefully Ashley C. Pena, Esq.) will give an “opening statement,” of how your case should be viewed. Afterwards, the attorney for the workers’ compensation insurance carrier and employer will have a chance to give their opening statement as well. The mediation will then separate both parties, and then act as the intermediary between the two parties in an attempt to resolve the issues pending or potentially a global settlement of your case. It is important to note that the conversation between the parties and the mediator when they are in their respective “break-out rooms” are privileged and confidential, and the mediator may only share this information with the opposing party if express permission is granted.
The purpose of mediations are for both parties to come together and attempt to resolve the issues that are pending and that has been filed by your attorney prior to the mediation. Sometimes the issues, such as payment of a hospital bill or payment of lost wages, can be resolved at mediation, or sometimes the insurance company may deny these benefits. While the goal may be to resolve issues, sometimes this may or may not happen. That’s why it’s important to have an experienced and aggressive attorney on your side to walk you through every step of mediation and before, during, and after.
CAN I SETTLE MY CASE AT A MEDIATION?
Of course! Another option that may occur at mediation is the global settlement of a case. A global settlement can only be reached if both parties are willing to agree to all terms of the settlement. There is never any obligation on either side to settle a case, but once a global settlement is reached, complex terms may be included as part of your settlement agreement. That’s why it is very important to have a dedicated attorney on your side who will explain all the terms of your settlement and be completely transparent with you, every step of the way.
SHOULD I HAVE AN ATTORNEY PRESENT WITH ME AT MEDIATION?
Absolutely! The mediation process can get complex, especially if the workers’ compensation insurance carrier is refusing to provide you benefits. However, Ashley C. Pena, Esq., has handled hundreds of mediations and is especially equipped to get you the best results and help you through. Some of the things Pena Law Group, P.A. will do for you at mediation are:
- Pena Law Group, P.A. will NOT let the insurance company bully you around!
- Pena Law Group, P.A. will aggressively fight to obtain you the maximum compensation.
- Pena Law Group, P.A. has extensive experience working for insurance companies and representing employers, so we know how they are evaluating your case and can foresee certain “pitfalls.”
- Pena Law Group, P.A. will zealously advocate on your behalf, whether that is getting your hospital bills paid, lost wages paid, or settling your case in its entirety.
ABOUT THE AUTHOR-ASHLEY C. PENA, ESQ.- FLORIDA WORKERS’ COMPENSATION & PERSONAL INJURY ATTORNEY
Ashley C. Pena, Esq. has many years of litigation experience in Florida Workers Compensation and personal injury lawsuits. Mrs. Pena is a zealous advocate for her client and will always fight for their rights. She offers free consultations and speaks Spanish. Call today to see how Pena Law Group, P.A. has helped countless individuals fight “the big guys” throughout the State of Florida and see how she can help you today.
You might be freaking out when you hear you were not only deposed—but you are now being scheduled for a workers’ compensation independent medical examination (“IME”) by the workers’ compensation insurance carrier. This can be a nerve-wracking experience and the stakes are high at these examinations; that’s why it is important to know how IMEs work and what to expect during your IME examination. The results of these IMES play an important part in your claim and in some cases, can be the primary basis of a judge’s decision on whether or not to grant or deny your benefits.
WHAT IS AN IME?
With that being said, you may ask what exactly happens at my IME and why do I need to go. Put simply, an IME is an “impartial” medical examination and assessment that is conducted when there is a dispute (whether it be related to wages or medical treatment and recommendations) arising from your workers’ compensation claim. The exam is performed by a licensed medical practitioner at the request of either party (you or the insurance company) and the right to choose the IME doctor lies with the person who made the request. Sometimes, you may have to attend two IMEs, if you and the insurance company both elected to use an IME.
PLEASE, TELL ME MORE ABOUT IMES!
So, you went to your IME scheduled by the workers’ compensation insurance carrier and didn’t like the doctor or he didn’t treat you fairly (surprise!). The good news is that an IME can only opine as to what medical treatment you may need (or don’t need) and whether or not you may work (and what kind of work you can do, for how long, etc). In other words, and IME can only make recommendations and your examination with this workers’ compensation insurance carrier IME is just that, an examination. They cannot treat you and you will likely not have to see them again throughout your case.
Also, regardless of which party elected to use their IME, the IME doctor should only give an opinion within their area of expertise. In other words, if your IME doctor is a licensed orthopedist, their opinion is only valid in so much as it pertains to your orthopedic injury. For example, some clients may have various issues stemming from their work accident (orthopedic treatment, neurological treatment, and psychological treatment), but if a party elects to use an IME for orthopedic purposes, they cannot render an opinion as to any neurological and/or psychological conditions.
Also, very important to remember is that both parties are only entitled to one IME per accident and not per specialty. For example, in the example given above, if a person is receiving orthopedic treatment, neurological treatment, and psychological treatment, and one party elects to use an IME, it can only be either for the orthopedic treatment, neurological treatment, and psychological treatment—not all of the above!
IS MY IME DOCTOR TRULY INDEPENDENT?
If you are ever scheduled for an IME by the workers’ compensation insurance carrier, it is important to remind the IMEs aren’t really that “independent” or subjection. Since the workers’ compensation insurance carrier is allowed to choose their “independent” doctor, they often try to exploit injured workers during the examination for their own gain. For example, let’s say there is a dispute as to whether or not your back injury is “pre-existing” rather than work-related. Let’s further say the workers’ compensation insurance carrier elected to use their IME to prove your back injury is pre-existing, and the information received at this examination, could be used on front of the judge who may or may not agree with them. This is why it is imperative for an injured worker to know their rights under the Florida Workers’ Compensation System (AKA “Workmens Compensation”) so as not to prejudice or harm their case.
IME SCHEDULING.
Once the workers’ compensation insurance carrier has notified you, through your workers’ compensation attorney, that you are scheduled for an IME, there are other key points to keep in mind. To attend an IME, the workers’ compensation insurance carrier must notify you of your examination in writing at least seven days prior to the examination date. If, for whatever reason, you are not able to attend the examination on the date it was scheduled for, you must inform the workers’ compensation insurance carrier at least 24 hours beforehand (however, some doctors may require more notice). Any failure to appear at your examination without a valid reason may prevent you from receiving further compensation and the workers’ compensation insurance carrier can charge you 50% of the cancellation or no-show fee (ouch!).
IME DOCTOR SELECTION.
Another key point to remember, is that per the Florida Workers’ Compensation Statutes, once you attend an IME, you must inform the opposing party of your choice within fifteen (15) days from the date of your examination. This point is crucial and failure to do so can render any results of your IME invalid—which means any results and opinions rendered as a result of your IME would be inadmissible. This is vital and can have tremendous impact on your case. That’s why it is important to speak with an experienced Florida workers’ compensation attorney who knows the law and can protect and fight for you.
WHO IS GOING TO PAY FOR MY IME?
You may now be saying, okay, okay, I am going to the IME but asking yourself, who will pay for this examination? According to Florida Workers’ Compensation Statutes, the IME costs shall be paid by the party who requested the IME. This includes any and all doctor’s fees, charges for medical/diagnostic tests, and other relevant costs. You may now be thinking “wow that sounds expensive!” However, at Pena Law Group, P.A., we pay for all your costs associated with attending an IME, should we be the ones to select one. There is another good thing, which is if we prevail against the workers’ compensation insurance carrier after you’ve had your IME, the examination itself and all related expenses shall be paid for by the workers’ compensation insurance carrier.
HOW DO I BEST PREPARE FOR MY IME?
The first step is to know why you are there! Why did your attorney or why did the workers’ compensation insurance carrier send you to this examination? What exactly is being denied or what are they contesting? With this being said, you need to make sure you have a solid understanding of the timeline of events leading up to your IME.
A few important things to know are: When and how did your accident happen? When did you start experiencing symptoms? What medical treatment have you received? How much time have you missed from work? What are your current physical limitations and symptoms you’re experiencing? Also, if you’ve had any prior accidents (whether work-related or a car accident), be sure to also mention this to the IME doctor and when the problems related to any potential prior accident resolved. Also—very important—know that you may be watched or even followed as you go to your IME.
HOW DO I CONDUCT MYSELF AT THIS IME?
Try to arrive to your IME early. Once you’re there, be polite and respectful to the doctor and the staff (even if you’re not happy to be there!). If you’re asked to fill out any questionnaire, be honest! However, it is always best to consult with your lawyer before your IME so you know if a question on the questionnaire may be potentially intrusive or irrelevant. Nonetheless, a safe approach is to answer relevant questions about your injury, medical treatment, and current limitations (but, keep it brief!).
HOW SHOULD I CONDUCT MYSELF DURING THE IME?
First off, be truthful. While it may be potentially difficult, try not to exaggerate any symptoms or limitations you may have. For example, if the IME doctor asks how you’re feeling, don’t say “terrible, I can’t even walk.” In most instances, the second half of this statement is not true. You have to remember an IME hired by the workers’ compensation insurance carrier is looking for any and all ways to diminish your credibility but if you’re honest, it will be harder for them to say you’re trying to “milk your comp claim.”
Next, be consistent. The IME doctor may ask you many questions and it is important that all your answers match all your prior medical records, accident reports, and any statements you may have given. However, if you notice the doctor asking you the same questions repeatedly, then the IME doctor likely does not believe you and is looking to trip you up. At that point, you can kindly tell the doctor you have answered this question.
Lastly, since the IME doctor is not your treating physician, there is no doctor-patient confidentiality—which means anything you say during your exam will be related to the workers’ compensation insurance carrier! Therefore, don’t volunteer information and don’t ask for advice. Remember the IME doctor is just there to assess your condition and given an opinion on the issues in dispute.
ABOUT THE AUTHOR-ASHLEY C. PENA, ESQ.- FLORIDA WORKERS’ COMPENSATION & PERSONAL INJURY ATTORNEY
Ashley C. Pena, Esq. has many years of litigation experience in Florida Workers Compensation and personal injury lawsuits. Mrs. Pena is a zealous advocate for her clients and will always fight for their rights. She offers free consultations and speaks Spanish. Call today to see how Pena Law Group, P.A. has helped countless individuals fight “the big guys” throughout the State of Florida and see how we can help you today.