The Quick Answer:
During an Independent Medical Examination (IME) in Quebec, employees have the following rights:
1. Right to be informed: Employees have the right to be informed about the purpose and nature of the IME.
2. Right to privacy: Employees have the right to privacy during the examination, including confidentiality of their medical information.
3. Right to representation: Employees have the right to be accompanied by a representative or support person during the IME.
4. Right to refuse certain examinations: Employees have the right to refuse any invasive or unnecessary procedures during the IME.
5. Right to receive a copy of the report: Employees have the right to receive a copy of the IME report upon request.
FAQs about Employee Rights During an IME in Quebec:
1. Can my employer force me to attend an IME?
No, your employer cannot force you to attend an IME without proper justification and adherence to legal requirements.
2. Can I bring someone with me for support during my IME?
Yes, you have the right to bring a representative or support person with you for emotional support and assistance during your examination.
3. What if I feel uncomfortable with certain parts of the examination?
You can refuse any invasive or unnecessary procedures that make you feel uncomfortable or violate your rights as long as it does not hinder accurate assessment by a qualified professional.
4. Will my personal medical information remain confidential?
Yes, your personal medical information should remain confidential throughout and after your IME unless required by law or authorized by you in writing.
5. How soon after my IME am I entitled to receive a copy of its report?
You are entitled under Quebec law within 30 days from receiving written notice that all relevant documents relatedtotheexaminationareinpossessionofthepersonwhoorderedit.
6.What happens if I disagree with findings in my IME report?
If you disagree with findings in your IME report, you have the right to challenge it through proper legal channels or request a second opinion.
7. Can my employer use the IME report against me?
Yes, your employer can use the IME report as part of their decision-making process regarding your employment, such as determining your eligibility for disability benefits or accommodations.
BOTTOM LINE:
Employees in Quebec have specific rights during an Independent Medical Examination (IME), including being informed about the purpose and nature of the examination, maintaining privacy and confidentiality, having representation or support person present, refusing certain examinations if necessary, and receiving a copy of the IME report upon request. It is important for employees to understand these rights and seek legal advice if they feel their rights have been violated during an IME.