Brief Overview:Following an Independent Medical Examination (IME) in New Brunswick, employers should adhere to certain best practices to ensure compliance with the relevant laws and regulations. These practices include providing clear instructions to the IME provider, maintaining open communication with the employee, respecting confidentiality, considering accommodations, and seeking legal advice when necessary.
Supporting Facts:
1. Clear Instructions: Employers should provide detailed information about the purpose of the IME and any specific questions they want addressed by the examiner.
2. Open Communication: Employers should maintain open lines of communication with both the employee and the IME provider throughout the process.
3. Confidentiality: Employers must respect confidentiality requirements and only share relevant information with authorized parties involved in managing disability claims.
4. Accommodations: Employers should consider any reasonable accommodations that may be required for employees during or following an IME.
5. Legal Advice: If there are concerns or disputes arising from an IME, employers should seek legal advice to ensure compliance with applicable laws and regulations.
FAQs:
1. Can employers require employees to undergo an IME in New Brunswick?
– Yes, but it must be justified based on legitimate business needs related to disability management or insurance claims.
2. What happens if an employee refuses to attend an IME?
– The employer may have grounds for disciplinary action as long as they can demonstrate a valid reason for requiring it.
3. How much notice is required before scheduling an IME?
– There is no specific requirement under New Brunswick law; however, providing reasonable notice is recommended.
4. Can employers request specific tests or assessments during an IME?
– Yes, employers can provide instructions regarding specific areas of assessment they would like covered during the examination.
5. Are employees entitled to receive a copy of their IME report?
– Yes, employees have a right to access their personal health information including reports generated from medical examinations.
6. Can employers use the IME report to terminate an employee?
– The IME report should only be used as a tool for disability management and not as the sole basis for termination unless justified by other factors.
7. What if there is disagreement between the employer’s and employee’s medical assessments?
– In such cases, seeking legal advice is recommended to ensure compliance with applicable laws and regulations.
BOTTOM LINE:
Employers in New Brunswick should follow best practices after an IME, including providing clear instructions, maintaining open communication, respecting confidentiality, considering accommodations, and seeking legal advice when necessary. Adhering to these practices will help ensure compliance with relevant laws and regulations while effectively managing disability claims.