Delventhal Law Office — Personal Injury Attorneys
Workers Compensation

What Not to Say to an IME Doctor in Indiana Workers’ Comp

By Chad E. DelventhalUpdated July 14, 20266 min read

An independent medical examination can feel awkward because the doctor is not your treating physician. The appointment may be requested by the employer, insurance carrier, or Workers’ Compensation Board. Indiana’s Workers’ Compensation Act also separates treatment obligations from examinations; the employer’s duty to furnish medical care appears in Indiana Code § 22-3-3-4[1], while examination rights and consequences are addressed separately in § 22-3-3-6. The safest approach is simple: tell the truth, answer the question asked, and avoid filling silence with guesses.

Injured Fort Wayne worker entering a medical office for an independent medical examination

Key takeaways

  • An IME is an evaluation, not a normal treatment visit.
  • Indiana’s workers’ compensation statute addresses employer-requested examinations, reimbursement for in-state exam travel, and consequences for refusing or obstructing an exam under Indiana Code § 22-3-3-6[2].
  • Do not exaggerate pain, but do not downplay it to sound tough.
  • Stick to facts: mechanism of injury, body parts, symptoms, restrictions, treatment, and daily limitations.
  • If you do not know, say you do not know. Guessing creates inconsistencies the carrier may use later.

What an IME doctor is really doing

The IME doctor is usually asked to answer specific questions: whether the injury is work-related, whether treatment is reasonable, whether you are at maximum medical improvement, whether permanent impairment exists, and what restrictions apply. Permanent impairment disputes often connect back to Indiana’s statutory impairment schedule in Indiana Code § 22-3-3-10[3] and the Board’s Permanent Partial Impairment guide[4]. That opinion can influence medical authorization, temporary total disability, settlement value, and whether the carrier tries to cut off benefits.

That does not mean you should be defensive. It means you should be prepared. Review the date of injury, how the accident happened, the body parts involved, treatment to date, current symptoms, work restrictions, and what tasks remain hard. If your dispute involves a particular body part, our pages on Fort Wayne back and neck injuries, shoulder injuries, and knee injuries explain how documentation often matters.

Worker organizing medical records and restrictions before an Indiana workers compensation IME

Things not to say at an IME

Do not saySay this instead if accurate
“I always hurt at a 10 out of 10.”Describe the range, triggers, bad days, better days, and what a flare-up feels like.
“I cannot do anything.”Explain what you can do, what you cannot do, and what causes symptoms to worsen.
“My boss caused this because they do not care.”Describe the job task, lift, fall, twist, machine, repetitive motion, or incident.
“The treating doctor is wrong.”Explain symptoms and restrictions; leave medical disagreements to records and legal strategy.
“I am fine” when you are not.Be polite, but do not minimize pain or limitations just to be agreeable.
“I think I probably had this before.”Separate known prior problems from what changed after the work injury.

Be honest about prior injuries and medical history

Do not hide prior injuries, arthritis, surgeries, or earlier pain. Medical records often reveal them anyway, and hiding history can make a valid aggravation claim look unreliable. Indiana workers’ comp cases often turn on whether work caused a new injury or aggravated a pre-existing condition. If that is the issue, explain your baseline before the accident and what changed after it.

For a deeper discussion, see our guide to aggravations of pre-existing conditions in Indiana workers’ comp.

Doctor and injured worker having a respectful independent medical examination conversation

How to handle questions during the exam

Answer the question asked. If the doctor asks where pain is located, identify the area. If the doctor asks what makes it worse, give practical examples: lifting a box, climbing stairs, reaching overhead, sitting too long, or using vibrating tools. Avoid speeches about the claim unless the question calls for it.

If a question assumes a fact that is wrong, correct it calmly. If you need a break because a movement hurts, say so. If you do not understand a question, ask for clarification. If you do not know the exact date of a prior appointment, do not guess.

What to do after the IME

Write down what happened while it is fresh: arrival time, how long the doctor spent with you, what was examined, painful movements, questions asked, and anything unusual. Keep mileage and wage-loss information if the exam required travel in Indiana because Indiana Code § 22-3-3-6[2] addresses reimbursement for certain in-state examination expenses.

If benefits are stopped after an IME, the next step is usually to compare the IME report against treating records, job duties, diagnostic imaging, restrictions, and the legal issues in dispute. The Indiana Workers’ Compensation Board publishes claim and physician-report forms[5], and its disputed-claims page[6] explains the formal claim process when benefits or medical issues cannot be resolved informally. Delventhal Law Office can review whether the carrier is relying on the report fairly.

Fort Wayne worker writing a symptom timeline after an independent medical examination

IME preparation checklist

  • Know the accident date and how the injury happened.
  • Bring a current medication list if requested.
  • Review body parts, symptoms, restrictions, and treatment timeline.
  • Dress so the doctor can examine the injured area appropriately.
  • Arrive early and be respectful to everyone in the office.
  • Do not record the exam unless you have confirmed it is legally and practically appropriate.
  • Call your attorney if the appointment notice, location, or scope seems wrong.
  • If the fight is over suspended benefits, denied treatment, or an IME report, review whether the Board’s informal dispute process[7] or a formal filing is the right next step.
Fort Wayne law office conference table with workers compensation medical records and claim file

Frequently asked questions

Can refusing an IME hurt my Indiana workers’ comp case?

Yes. Indiana Code § 22-3-3-6[2] says refusal or obstruction of certain examinations can suspend compensation while the refusal continues, subject to the statute and Board review. Get advice before refusing an exam.

Should I talk about pain if the doctor does not ask?

Do not interrupt every question, but make sure the doctor knows the actual symptoms and limits. A clean answer is better than either silence or exaggeration.

Can the IME doctor send me back to work?

The doctor can give an opinion about restrictions or maximum medical improvement. Whether the carrier, employer, treating doctor, or Board accepts that opinion depends on the full record.

What if the IME report is wrong?

Write down the inaccuracies and compare them to medical records, imaging, restrictions, and job duties. Depending on the dispute, the next step may involve the Board’s informal dispute process, an Application for Adjustment of Claim, or medical evidence responding to the report.

Bottom line

An IME is not the time to perform, argue, or guess. It is the time to be accurate. If the exam could affect your benefits, Delventhal Law Office can help you prepare and respond to the report.

This article is general information about Indiana workers’ compensation. It is not legal advice and does not create an attorney-client relationship.

Sources

  1. Indiana Code § 22-3-3-4 (iga.in.gov)
  2. Indiana Code § 22-3-3-6 (iga.in.gov)
  3. Indiana Code § 22-3-3-10 (iga.in.gov)
  4. Permanent Partial Impairment guide (in.gov)
  5. claim and physician-report forms (in.gov)
  6. disputed-claims page (in.gov)
  7. informal dispute process (in.gov)

Frequently asked

The short version

Direct answers to the questions this article unpacks in full.

  1. Can refusing an IME hurt my Indiana workers’ comp case?

    Yes. Indiana Code § 22-3-3-6 says refusal or obstruction of certain examinations can suspend compensation while the refusal continues, subject to the statute and Board review. Get advice before refusing an exam.

  2. Should I talk about pain if the doctor does not ask?

    Do not interrupt every question, but make sure the doctor knows the actual symptoms and limits. A clean answer is better than either silence or exaggeration.

  3. Can the IME doctor send me back to work?

    The doctor can give an opinion about restrictions or maximum medical improvement. Whether the carrier, employer, treating doctor, or Board accepts that opinion depends on the full record.

  4. What if the IME report is wrong?

    Write down the inaccuracies and compare them to medical records, imaging, restrictions, and job duties. Depending on the dispute, the next step may involve the Board’s informal dispute process, an Application for Adjustment of Claim, or medical evidence responding to the report.

Working with Delventhal Law

Common questions

How fees work, deadlines that matter, and what to expect when you call.

  1. How much does it cost to hire Delventhal Law Office?

    There is no up-front cost. Personal-injury cases are handled on a contingency-fee basis: you pay nothing unless we recover compensation for you. The initial consultation is free and carries no obligation. Call (260) 484-6655 to talk through your situation.

  2. How long do I have to file a personal injury claim in Indiana?

    Indiana generally gives you two years from the date of injury to file a personal-injury lawsuit (Indiana Code § 34-11-2-4). Shorter deadlines can apply when a government entity is involved or in some workers' compensation matters. The sooner you call, the more options you have.

  3. What if I'm partly at fault for the accident?

    Indiana follows a modified comparative-fault rule (Indiana Code § 34-51-2-6). You can still recover compensation as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Even if you think you share blame, call us — the insurance company's first assignment of fault is often wrong.

  4. Do I have to come into the office to meet with you?

    No. We meet clients by phone, video call, at their home, or at the hospital. The Delventhal Law Office is in downtown Fort Wayne, but most of our clients live across Indiana and we come to you when that's easier.

  5. How quickly should I call after an accident?

    As soon as you can. Evidence disappears fast — skid marks fade, surveillance video is overwritten, witnesses move on. Insurance adjusters also start calling within days. Talking to us before you give a recorded statement protects your claim.

  6. What kinds of cases does Delventhal Law handle?

    We represent injured plaintiffs in car, truck, motorcycle, bicycle, and pedestrian accidents; workers' compensation and on-the-job injuries; wrongful death; slip-and-fall and premises liability; birth injuries; burn injuries; and other personal-injury claims across Indiana.

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