Asking ahead usually works better than arriving with an unannounced guest. This guide walks through the Indiana examination law, federal HIPAA guidance, the separate rule for nurse case managers, and what Indiana law says about refusing a required examination.
Key takeaways
- It is reasonable to ask the medical office in advance whether a support person may attend.
- Indiana Code 22-3-3-6[1] gives an employee the right to have a duly qualified physician or surgeon, provided and paid for by the employee, present at an employer-requested or Board-ordered examination.
- The statute does not mention a similar right for a spouse, relative, friend, or other lay companion.
- HHS guidance says the HIPAA Privacy Rule does not require a provider to share your information with family or friends, unless they are your personal representatives.
- Indiana Workers’ Compensation Board guidelines say a nurse case manager must tell you that you may require the nurse case manager not to be present during a medical examination.
- Under Indiana Code 22-3-3-6[1], if an employee refuses to submit to or obstructs a required examination, the employee’s right to compensation is suspended until the refusal or obstruction ends.
The Indiana rule
Indiana Code 22-3-3-6[2] says that after an injury, and during the period of claimed disability or impairment, an employee must submit to an examination at reasonable times and places by a duly qualified physician or surgeon designated and paid by the employer or by order of the Workers’ Compensation Board, if the employer requests it or the Board orders it.
The same statute says the employee has the right to have present at any such examination a duly qualified physician or surgeon provided and paid for by the employee. It does not mention family members, friends, advocates, or other nonmedical support people.
If a physician engaged by the employer examines you and no physician of your own is present, the statute requires the examining physician to deliver a written statement of the conditions found to you or your representative, disclosing all facts that physician reports to the employer, as soon as practicable and no later than 30 days before the case is set for hearing.
Asking to bring a trusted person is reasonable, but it is best not to assume the answer will be yes. Medical offices may have their own practices about who can be in the examination room, so ask before the appointment.
Why the appointment type matters
“Workers’ comp medical exam” can describe different appointments. Identifying which one you are attending helps you ask the right question.
| Appointment | Who generally arranged it | Companion issue to clarify |
|---|---|---|
| Authorized treatment visit | The Board’s employee guidance says that in Indiana the employer directs medical care. | Ask the provider whether a support person may come into the examination room. |
| Employer-requested examination | An employer may request an examination under Indiana Code 22-3-3-6[1]. | You have the right to have a duly qualified physician or surgeon you provide and pay for present. |
| Board-ordered examination | The Workers’ Compensation Board may order an examination under Indiana Code 22-3-3-6[1]. | Confirm attendance arrangements with the examiner before the appointment. |
| Board independent medical examination | If you timely disagree with an insurance carrier’s proposed termination of benefits, the Board may schedule an independent medical examination when it deems one appropriate. | Follow the Board’s letters and ask the examiner in advance about any companion. |
For more background on who directs care, read who chooses the doctor in an Indiana workers’ compensation claim and the firm’s Fort Wayne workers’ compensation overview.
How to ask before the appointment
Contact the office before the examination and keep the request simple. You can ask:
- May I bring a support person into the examination room?
- If not, may that person wait in the reception area?
- Do you need my permission before discussing medical information in that person’s presence?
- Are there portions of the visit during which the examiner will want to speak with me alone?
- If I need disability-related communication assistance, how should I request it?
Federal HHS HIPAA guidance[3] says that when you are present and able to make health care decisions, a provider may discuss your health information with a family member, friend, or other person involved in your care if you agree or, when given the opportunity, do not object. HHS also says a provider may share information with these people if, using professional judgment, the provider decides that you do not object. HHS says the provider may discuss only the information the person needs to know about your care or payment for care.
That guidance is about sharing information, so it is worth asking the office separately whether your companion may stay for the entire examination.
Choose a useful, limited role
If the provider permits a companion, agree on the person’s role beforehand. A calm support person can listen, help you remember questions, and take notes if the examiner permits it.
The companion should let you answer questions in your own words, avoid arguing with staff, and follow the examiner’s instructions. Do not assume that audio or video recording is permitted; ask before making any recording.
After the appointment, write down the date, provider name, any work restrictions, follow-up instructions, and any documents you received. The checklist in what records an injured Indiana worker should keep can help you organize the file.
If the request is denied
If a companion is turned away, think carefully before deciding not to go forward with an employer-requested or Board-ordered examination, and look first at what Indiana law says about refusing one.
Under Indiana Code 22-3-3-6[2], if an employee refuses to submit to or in any way obstructs a required examination, the employee’s right to compensation, and the right to take or prosecute proceedings under the workers’ compensation law, is suspended until the refusal or obstruction ends. No compensation is payable for the suspension period unless the Board finds that the circumstances justified the refusal or obstruction. The statute also requires that the employee be served with a notice, in a form prescribed by the Board, setting out the consequences of a refusal.
Separately, Indiana Code 22-3-3-7[4] lists an employee’s refusal to undergo a medical examination under section 6 as one of the circumstances in which an employer may terminate temporary total disability benefits once they have begun.
A practical approach is to ask the office to explain its decision, ask what alternatives it can offer, and write down whom you spoke with and when. Options to raise might include having your companion wait nearby or asking for written instructions. If you need a communication aid or service, you can ask for one, as discussed below. If you want a physician of your own at the examination, Indiana Code 22-3-3-6[1] gives you the right to have a duly qualified physician or surgeon you provide and pay for present.
The Workers’ Compensation Board’s informal-dispute process[5] is initiated by filing a completed Request for Assistance, State Form 45442, with the Board. Whether that process fits your situation depends on the nature of the disagreement, and you may want legal advice before deciding how to respond.
A different rule for nurse case managers
A nurse case manager assigned to the claim is not the same as a family member or friend you choose for support. The Indiana Workers’ Compensation Board’s nurse case manager guidelines[6] say the nurse case manager must inform the employee that the employee may require that the nurse case manager not be present during a medical examination.
The guidelines also say that if the nurse case manager meets with the physician before or at the conclusion of a medical appointment, the injured worker must be invited to participate as well. The firm’s guide to nurse case managers in Indiana workers’ compensation explains this role in more detail.
Disability and communication needs
Asking a friend to come along for reassurance is a different request from asking for communication access. The U.S. Department of Justice’s ADA guidance says covered entities must provide auxiliary aids and services when needed to communicate effectively with people who have communication disabilities. The guidance also says covered entities cannot require a person to bring someone to interpret for him or her, subject to limited exceptions the guidance describes.
According to the guidance, the key to deciding what aid or service is needed is to consider the nature, length, complexity, and context of the communication as well as the person’s normal method of communication. Contact the medical office early, describe the communication barrier, and ask how the office will provide effective communication.
See the Justice Department’s effective-communication guidance[7] for more information.
Frequently Asked Questions
Can my spouse come into an Indiana workers’ comp examination?
Indiana Code 22-3-3-6[1] does not mention a right for a spouse or other lay companion to be present at an employer-requested or Board-ordered examination. You can still ask the provider before the appointment whether your spouse may come in.
Can my own doctor attend an employer-requested examination?
Yes, Indiana Code 22-3-3-6[1] says a duly qualified physician or surgeon provided and paid for by the employee may be present at an examination if the employee so desires.
What does HIPAA say about a family member at my appointment?
HHS guidance says HIPAA permits a provider to discuss relevant health information with a family member or friend involved in your care when you agree or, given the opportunity, do not object. Whether that person may come into the examination room is a separate question to ask the provider.
Can the nurse case manager sit in on the examination?
According to the Indiana Workers’ Compensation Board’s guidelines, you may require the nurse case manager not to be present during a medical examination.
What should I do if the examiner refuses my companion?
Ask for the reason, ask what alternatives are available, and write down the response. Under Indiana Code 22-3-3-6[1], refusing or obstructing a required examination suspends the right to compensation until the refusal or obstruction ends. Consider getting legal advice before deciding not to go forward with the examination.
Sources
- Indiana Code 22-3-3-6 — Indiana General Assembly[2] (accessed September 30, 2026).
- Indiana Code 22-3-3-7 — Indiana General Assembly[4] (accessed September 30, 2026).
- Informal Disputes — Workers’ Compensation Board of Indiana[5] (accessed September 30, 2026).
- Nurse Case Manager Guidelines — Workers’ Compensation Board of Indiana[6] (accessed September 30, 2026).
- Who Is Eligible — Workers’ Compensation Board of Indiana[8] (accessed September 30, 2026).
- Does HIPAA allow a health care provider to communicate with a patient’s family, friends, or other persons who are involved in the patient’s care? — U.S. Department of Health and Human Services[3] (accessed September 30, 2026).
- Family Members and Friends — U.S. Department of Health and Human Services[9] (accessed September 30, 2026).
- ADA Requirements: Effective Communication — U.S. Department of Justice[7] (accessed September 30, 2026).
If you have questions about an upcoming examination or a disagreement over medical care, Delventhal Law Office can review your documents and explain the process during a free consultation.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
Sources
- Indiana Code 22-3-3-6 (iga.in.gov) ↩
- Indiana Code 22-3-3-6 (iga.in.gov) ↩
- HHS HIPAA guidance (hhs.gov) ↩
- Indiana Code 22-3-3-7 (iga.in.gov) ↩
- informal-dispute process (in.gov) ↩
- Indiana Workers’ Compensation Board’s nurse case manager guidelines (in.gov) ↩
- effective-communication guidance (ada.gov) ↩
- Who Is Eligible — Workers’ Compensation Board of Indiana (in.gov) ↩
- Family Members and Friends — U.S. Department of Health and Human Services (hhs.gov) ↩
