Understanding Compulsory Medical Examinations in Connecticut

Compulsory medical examinations can be a daunting aspect of the injury claim process, and while they are sometimes necessary, they should be approached with caution. In Connecticut, these examinations are often required to resolve workers’ compensation claims, especially when an employee has sustained an injury at work. Understanding how these examinations work and how to navigate them is crucial in protecting your rights and ensuring you receive the benefits you deserve.

What is a Compulsory Medical Examination?

A compulsory medical examination (CME) is conducted by a qualified medical professional. It is important to note that this examination should never be performed by an insurance adjuster or any other individual lacking the appropriate medical training. In Connecticut, the insurance company may suggest a specific doctor, provide a list of approved physicians, or allow for mutual agreement between both parties regarding the choice of the examining doctor.

The primary objective of a compulsory medical examination is to assess your medical condition and its relation to your injury claim. However, it’s critical to recognize that the doctor selected by the insurance company may not have your best interests at heart. Often, the insurer aims to minimize or deny your claim, which can put you at a disadvantage.

Should You Agree to a Compulsory Medical Examination?

While it may sometimes be unavoidable, agreeing to a compulsory medical examination is generally not recommended without careful consideration and consultation with your attorney. Insurance companies frequently use these examinations to challenge or outright deny claims. If there is a possibility to resolve your claim without undergoing this examination, that is often the most advisable course of action.

If you do find yourself in a position where you must undergo a compulsory medical examination, it’s essential to be aware of the potential risks. Here are five ways in which a CME can negatively impact your claim:

• The examining doctor may conclude that you are not injured or that your injuries are not as severe as you claim.
• The doctor might attribute your injury to a pre-existing condition, arguing that it was not caused by the incident in question.
• There may be a determination that your injury worsened due to a lack of proper care or due to your own actions.
• The doctor could disagree with the diagnosis provided by your treating physician, casting doubt on your medical evidence.
• Ultimately, any of these findings can undermine your case and lead to a denial of your claim.

Steps to Take Before a Compulsory Medical Examination

If you must undergo a compulsory medical examination, consider the following steps to safeguard your interests:

1. Consult with Your Attorney: Before agreeing to the examination, discuss with your lawyer whether there are alternatives available. Your attorney can help you determine if your policy requires this exam and explore the possibility of negotiating a resolution without it.
2. Prepare for the Examination: Work closely with your attorney to prepare for the CME. They can coach you on how to handle potentially hostile questions and advise you on your rights during the examination.
3. Schedule an Independent Exam: Arrange for an examination with your own physician on the same day as the compulsory medical examination. This ensures that there is a second opinion on record and helps mitigate any biases from the insurer’s chosen doctor.

Get the Help You Need for Your Injury Claim

Having a knowledgeable attorney by your side can make a significant difference in the outcome of your injury claim. At Etemi Law, we understand the complexities of the workers’ compensation system in Connecticut, and we are committed to advocating for your rights. With years of experience in handling injury claims, we can help you navigate these challenges effectively.

Don’t let an insurer deny your claim based on a biased examination. We provide a free consultation to discuss your case and outline your options. Contact us today at (203) 409-8424 to ensure your rights are protected and your claim is handled with the attention it deserves.