Brief Overview:In New Brunswick, an employee has the right to challenge the findings of an Independent Medical Examination (IME). However, there are certain factors and processes that need to be considered when doing so. Here are five supporting facts regarding this matter:
1. The purpose of an IME is to provide a neutral assessment of an employee’s medical condition and their ability to work.
2. If an employee disagrees with the findings of an IME, they can request a review or appeal through their employer’s disability management process.
3. It is essential for employees to gather as much evidence as possible to support their challenge, such as medical records or opinions from other healthcare professionals.
4. Employees may also seek legal advice from employment lawyers who specialize in disability claims if they believe their rights have been violated during the IME process.
5. The final decision on whether to accept or reject the findings of an IME ultimately lies with the employer or insurance company.
FAQs:
1. Can I challenge the findings of an IME if I disagree with them?
Yes, you have the right to challenge the findings by requesting a review or appeal through your employer’s disability management process.
2. What should I do if I want to dispute the results?
Gather all relevant evidence that supports your position and discuss your concerns with your employer or insurance company.
3. Can I get a second opinion after undergoing an IME?
Yes, you can seek a second opinion from another healthcare professional who specializes in your specific medical condition.
4. Should I consult with a lawyer before challenging the results?
It is advisable to consult with employment lawyers who specialize in disability claims for guidance on how best to proceed in challenging the results.
5. Is there any time limit for disputing IME findings?
While there may not be strict time limits set by law, it is recommended that you act promptly after receiving unfavorable IME findings.
6. What happens if my challenge is unsuccessful?
If your challenge is unsuccessful, you may consider seeking legal advice to explore other options or avenues for further recourse.
7. Can I refuse to attend an IME if I believe it is unfair or biased?
Refusing to attend an IME without valid reasons can have consequences. It is advisable to consult with a lawyer before making such decisions.
BOTTOM LINE:
In New Brunswick, employees have the right to challenge the findings of an Independent Medical Examination (IME). However, it is essential for them to follow their employer’s disability management process and gather sufficient evidence to support their challenge. Seeking legal advice from employment lawyers who specialize in disability claims can also be beneficial in navigating this process effectively.