Are Employers In Nova Scotia Required To Disclose The Reason For Requesting An IME?

Brief Overview:In Nova Scotia, employers are not required to disclose the reason for requesting an independent medical examination (IME). However, there are legal and ethical considerations that must be taken into account when requesting an IME. Here are five key facts to keep in mind:

1. Employer’s Right to Request an IME: Employers have the right to request an IME as part of their duty to manage disability claims effectively and ensure workplace safety.

2. Privacy Considerations: While employers can request an IME, they must adhere to privacy laws and regulations, such as obtaining the employee’s consent before sharing any personal health information with a third party.

3. Duty of Good Faith: Employers have a duty to act in good faith when requesting an IME. This means that they should have a legitimate reason for doing so and should not use it as a way to retaliate against or unfairly dismiss employees.

4. Disability Claims Management: An employer may request an IME if there is uncertainty or disagreement about the nature or extent of an employee’s disability-related limitations or restrictions.

5. Independent Assessment: The purpose of an IME is to obtain impartial medical opinions from qualified professionals who can assess whether ongoing accommodations or work modifications are necessary and reasonable under the circumstances.


1. Can my employer force me to attend an IME?
No, your employer cannot force you to attend an IME without proper legal grounds. However, refusing may have consequences related to your employment status.

2. Is my consent required before my employer requests an IME?
Yes, your employer must obtain your informed consent before disclosing any personal health information for the purpose of arranging or conductingan independent medical examination.

3 .How do I know if my employer has a valid reason for requestinganIM?
Your employer should clearly communicate their reasons for needinganIMEin writingand explain how it relatesaffectsto your employmentstatusor ability to perform your job duties.

4. What can I do if I believe my employer’s request foranIMEis unjustified?
If you believe the request for an IME is unjustified, you may seek legal advice or consult with a disability management professional to understand your rights and options.

5. Can my employer use the results of an IME against me?
The results of an independent medical examination should be used in accordance with privacy laws and regulations. Your employer should only use them for legitimate purposes related to managing your disability claim or ensuring workplace safety.

6.Can I bring someone with me to the IME appointment?
In most cases, you have the right to bring a support person with you to the IME appointment, such as a family member or representative. However, it is recommended that you confirm this beforehand with both your employer and the medical examiner.

7.How long will it take for my employer to receive the report fromthetheIMEdoctor’sdoctoraftertheexam?examination?
The timeframe can vary depending on various factors, including scheduling availability and administrative processes. It is best to inquire directly with your employer about when they expectto expecton recievingreceivingreportfrom thereporttheIMEdoctormedical examinersafterassessmentassessingyourcondition..

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