According to the Michigan Health & Human Services department, about 20,000 employees file workers’ compensation claims each year. All of these workers will need to interact with medical professionals in order to receive compensation. The primary role of a doctor after a workplace injury in Michigan is to provide treatment. However, doctors may carry out secondary roles when it comes to workers’ compensation claims, and they may exert considerable influence over the outcomes of these claims. Doctors may not only examine workplace injuries, but they might also listen carefully to everything that workers say during these examinations. Because of this, it makes sense for injured Michigan workers to avoid making certain statements to workers’ compensation doctors during exams. For more information on exactly how to approach these interactions, consider booking a consultation with an experienced Michigan workers’ compensation lawyer. Contact Bruce L. Weider, PC at (734) 485-0535 to schedule a free personalized consultation and discuss your concerns in greater detail.
What Happens at a QME (Qualified Medical Evaluators) Exam?
Injured workers may have many different interactions with doctors following their workplace accidents. A particularly important interaction will take place during the Qualified Medical Evaluators (QME) exam. These exams are common when there is a possibility of a permanent disability. QME exams may also be necessary if the insurance company challenges the validity of the conclusions another doctor who has carried out prior examinations has already drawn. Doctors take a number of steps during a QME exam:
- A direct examination
- A review of existing medical records
- A discussion about symptoms
- A discussion about the timeline related to the injury
A Doctor Can Influence the Outcome of Your Claim
One of the most important things to remember about a QME exam is that any statements an injured employee makes during the process may be shared with other parties. These other parties may include the individual’s employer, the employer’s insurance provider, and other parties that are associated with the workers’ compensation claim. This is markedly different compared to a normal medical exam, in which medical records are protected by the strictly confidential system of physician-patient privilege. According to the American Association of Family Physicians, the right to privacy for patients is “personal and fundamental.” For more information on physician-patient privilege and why it does not apply to QME exams, consider speaking with an experienced Michigan workers’ compensation attorney at the law office of Bruce L. Weider, PC.
What Not To Say to Your Workers’ Compensation Doctor
There are many things workers should avoid saying to their workers’ compensation doctors, Qualified Medical Evaluators, or other healthcare providers during exams, treatments, and check-ups. Here are a few examples:
Do Not Exaggerate Symptoms
Workers must remember that they are interacting with medical professionals. These medical professionals can easily recognize when patients are exaggerating their symptoms. Do not attempt to overstate pain levels or describe medical conditions that do not exist. Doctors can use a variety of tests and methods to determine the veracity of these statements. Technology such as X-rays or CT scans can illustrate the fact that nothing is wrong with a patient in the area of alleged discomfort. A doctor may also quiz patients about their symptoms to expose possible fabrications.
Do Not Discuss Financial Compensation
Many doctors are aware of the fact that some employees try to simulate injuries in order to pursue financial compensation. In fact, some doctors have become so jaded that they are perpetually on the alert for any of these instances of fraud. Simply mentioning financial compensation may raise their suspicions in this regard. Rather than risk raising suspicions in an innocent matter, patients should focus entirely on medical subjects during exams. Asking a question such as “How much is this injury worth?” could cause doctors to suspect purely financial motivations. Remember, statements during QME exams may not only be repeated to other parties, but also used against patients.
Do Not Speak Poorly of the Employer
Many injured workers may be tempted to vent about their employers when interacting with doctors. These statements may cause doctors and third parties to assume that the patient holds a grudge against their employer. Here again doctors may start to suspect that the injuries are fabricated, or less severe than the patient’s own reportage of symptoms would otherwise seem to suggest, and that the claim represents, instead of actual physical harms, a personal vendetta against the employer. While patients may describe the circumstances of the accident, it is best to focus on the facts and leave out personal opinions.
Do Not Speculate About the Injury
If an injured worker is not sure how to answer a question, it is best to avoid answering the question altogether. When interacting with doctors, there is nothing wrong with saying, truthfully: “I don’t know.” Avoid speculating about the injury. Once again, it makes sense to stick to the facts – and only the facts. A patient may have suffered a head injury during a construction accident. This head injury may have caused memory loss, making it difficult to recall certain details of the accident. If this patient begins to speculate about what happened, these statements may be scrutinized and disproven at a later date. Reporting only what you know avoids this potential pitfall.
Do Not Provide Unnecessary Medical Information
If a doctor requests specific medical information, the patient should provide these records. However, there is no requirement to provide medical information if the doctor has not explicitly requested it. Workers do not need to go into detail about pre-existing conditions, prior injuries, or other factors unless doctors ask about these subjects. As a general rule, it is best to only make statements when absolutely necessary, in response to direct questions.
When in Doubt, Ask a Lawyer Before Making Statements
If injured workers are not sure how to answer specific questions, they may wish to retain the advice of an experienced workers’ compensation attorney and speak with their legal counsel to receive guidance before responding. No one can prevent a patient from picking up their phone and calling their lawyer. This phone call could help avoid needless issues with workers’ compensation claims.
Get in Touch With a Michigan Workers’ Compensation Lawyer
Injured workers may feel a sense of apprehension when approaching treatment for a number of reasons. While some may simply be uncomfortable with potentially invasive procedures, others may feel anxious about their verbal interactions with doctors. These concerns are well-founded, as doctors may influence workers’ compensation claims in a number of different ways. An experienced Michigan workers’ compensation lawyer such as Bruce L. Weider, PC can help workers approach treatment in an efficient, confident manner. Call (734) 485-0535 to discuss these concerns in greater detail
