A medico-legal examination (IME) is an independent medical assessment used to evaluate your injury and its impact for compensation purposes. IME reports play a key role in personal injury claims, so knowing what to expect can help it go as smoothly as possible.
Why IMEs cause concern
- The examination is arranged by insurers or lawyers
- The IME doctor does not provide treatment
- Claimants often worry about bias
- The report can affect compensation outcomes
It’s important to know, though, that IMEs follow strict guidelines to ensure fairness and independence.
This guide will:
- Explain your rights during an IME
- Outline what happens before, during, and after the exam
- Show you how to prepare properly
- Clarify what the IME doctor can and cannot do
- Help you avoid common mistakes
Understanding Medico-Legal Examinations
What is the difference between an IME doctor and my treating doctor?
Your treating doctors provide ongoing medical care, diagnose conditions, prescribe treatments, and support your recovery. An IME doctor conducts a one-off assessment for legal purposes only and cannot provide treatment or medical advice.
Why his distinction matters:
- The IME doctor assesses causation (whether the accident caused your injury), impairment level using standardised scales like AMA5, and your prognosis
- They remain independent to ensure their opinion is unbiased and credible
- Your treatment continues with your regular doctors, regardless of IME findings
Example: Your treating GP prescribes ongoing physiotherapy. The IME specialist assesses whether your back pain was caused by your work accident and rates your permanent impairment for compensation purposes.
Your Rights and Obligations
What you're entitled to:
- A ‘reasonable’ notice period of the appointment with the doctor's name, qualifications, location, time, and purpose clearly stated (unlike NSW and other states, QLD doesn’t have a fixed time period, such as 10 days).
- Ability to have a support person accompany you (family member, friend, or support worker), though the doctor decides if they can be present during the physical examination
- Request an interpreter if you need language assistance; this must be arranged in advance
- Receive clear information about what documents to bring (scans, medication lists, treating doctor reports)
What you must do:
- Attend the appointment as scheduled; non-attendance can negatively impact your claim and may breach obligations under CTP or WorkCover schemes
- Answer questions honestly about your injury, symptoms, medical history, and how the injury affects your daily life
- Bring required documents, including X-rays, scans, medication lists, and details of all healthcare providers you've consulted
Key deadlines:
- Notice provided: within a ‘reasonable’ timeframe prior to the appointment
- IME report sent: typically within 2 weeks after examination
- Your lawyer's response varies by claim type and what phase the negotiation is at
Common Scenarios and Questions
Can the IME doctor's opinion override my treating doctor's opinion?
The short answer: IME reports carry significant weight in settlement negotiations because they're considered independent, but they don't automatically override your treating doctors' opinions.
What you need to know:
- Understand the weight given: Insurers often rely heavily on IME findings when assessing liability and how much compensation the claim is worth, particularly when rating impairment
- Challenge adverse findings: Your lawyer can arrange a joint IME with a mutually agreed specialist, obtain a rebuttal report from another expert, or present your treating doctors' evidence to counter unfavourable conclusions
- Recognise when it matters: Courts consider all medical evidence, and treating doctors often tend to have more detailed knowledge about your condition over time
Important note: An adverse IME finding doesn't mean your claim will fail, but it often takes experienced lawyers to address the conflict.
What if I'm anxious about seeing ‘the insurer's doctor’?
The short answer: While the insurer arranges the appointment, IME doctors must maintain professional independence and follow strict qualification and conduct standards under the MAIC Guideline for Arranging Medico-Legal Assessments.
What to do:
- Remember the legal protections: IME experts must have appropriate qualifications, peer acceptance, current clinical experience, and operate within their area of expertise
- Focus on honesty, not performance: The doctor is assessing your condition based on the current assessment. Exaggeration is easily detected and harms credibility
- Bring your support person: Having someone familiar with you can reduce anxiety
Important note: The IME doctor's independence actually strengthens the legal process; their unbiased opinion carries more weight than a treating doctor who has an ongoing relationship with you.
What questions will the IME doctor ask?
The short answer: Expect detailed questions about the accident, your symptoms, how the injury affects daily activities and work, your complete medical history, and any treatments you’ve received, including medication.
A broader picture:
- Incident details: When, where, and how the accident happened; immediate symptoms; emergency treatment
- Symptom description: Current pain levels, location, frequency, what makes symptoms better or worse
- Functional impact: Specific activities you can't do anymore (lifting, walking, household tasks, work duties)
- Medical history: Pre-existing conditions, previous injuries, mental health history, medications
- Treatment compliance: Whether you're following medical advice, attending physiotherapy, or taking prescribed medications
Important note: The doctor assesses consistency between your reported symptoms, medical records, and observed behaviour; significant inconsistencies may be interpreted as exaggeration.
Can I refuse to attend the IME?
The short answer: Legally, you can refuse, but doing so will likely result in your claim being rejected or delayed for a significant period of time.
What you should know:
- Understand your obligations: CTP claim and WorkCover claims require claimants to attend medical examinations that are deemed ‘reasonable’
- Raise concerns early: If you have legitimate reasons (medical instability, distance, unavailability), contact your lawyer immediately to negotiate alternatives
- Request a postponement if needed: If your injury hasn't stabilised, your lawyer can argue that the timing isn't appropriate
Important note: Non-attendance without a reasonable excuse can breach your statutory obligations and give insurers grounds to deny your claim entirely.
What happens during the physical examination?
The short answer: The doctor will conduct a clinical examination appropriate to your injury type, testing range of motion, strength, reflexes, or conduct psychological assessments.
What to expect based on injury type:
- Musculoskeletal injuries: A range of motion testing, strength assessments, palpation, gait observation, functional movement tests
- Psychological injuries: Structured clinical interviews, standardised questionnaires for anxiety/depression/PTSD, cognitive function assessments
- Neurological issues: Reflex testing, sensation mapping, coordination tests, balance assessments
- General observation: The doctor observes how you move in the waiting room, during examination, and throughout the appointment
Important note: Dress in comfortable clothing that allows easy access to the injured areas.
Will I receive a copy of the IME report?
The short answer: The report goes to the party who arranged the examination (usually the insurer or WorkCover), but your lawyer can obtain a copy and discuss the findings with you.
If you’re concerned about this:
- Ask your lawyer for the report: They'll receive it through the normal claims process and explain what the findings mean
- Review it carefully: Check for factual errors (incorrect accident date, wrong medical history, misreported symptoms)
- Understand the timeline: Reports typically arrive within 2 weeks, although delays can occur with complex cases
Important note: Don't panic if the report contains unfavourable opinions; your lawyer can address these through rebuttal evidence or further negotiations.
Step-by-Step Process
Before the IME:
- Receive formal notice within a ‘reasonable’ timeframe with full appointment details
- Contact your lawyer immediately if you have concerns about timing or cannot attend
- Gather the required documents, including scans, X-rays, medical reports, and medication lists
- Prepare a medical timeline noting the accident date, when symptoms started, treating doctors, and treatments received, including medication
- Arrange time off work and organise transport to the appointment
During the IME:
- Arrive on time with all the requested documents and your support person, if you've chosen to bring someone
- Answer honestly about your accident, symptoms, limitations, medical history, and functional impacts
- Participate fully in the examination following the doctor's instructions
- Don't exaggerate or minimise symptoms, describe your experience as it is on a typical day
- Ask for clarification if you don't understand a question
After the IME:
- Make notes immediately about what was discussed and examined
- Contact your lawyer to report how the examination went and raise any concerns
- Wait for the report, which typically arrives within 2 weeks
- Review findings with your lawyer, who will explain how the report will affect your claim
Documents you'll need:
- Imaging results: X-rays, MRI scans, CT scans, bring actual films or CDs if available
- Medical reports: Letters from treating doctors, specialist consultations, physiotherapy notes, and psychological assessments
- Medication documentation: Current prescription list with dosages and frequency
- Health provider list: Names and specialities of all doctors, physiotherapists, and psychologists consulted since the injury occurred
Legal Framework
Primary legislation: The Motor Accident Insurance Act 1994 governs IMEs in CTP (compulsory third-party vehicle) alongside the MAIC Guideline for Arranging Medico-Legal Assessments, while the Workers' Compensation and Rehabilitation Act 2003 covers WorkCover IME protocols.
How the law protects you:
- Timing protections: IMEs shouldn't be arranged until your injuries have stabilised and reached maximum medical improvement
- Qualification standards: IME doctors must have appropriate training in impairment assessment (AMA5 or PIRS), current clinical experience, and peer acceptance
- Procedural fairness: You must receive advance notice, can bring support persons and interpreters, and have the right to raise concerns about expert independence
Red Flags and Warning Signs
- The appointment notice doesn’t give you time to prepare; if this is the case, contact your lawyer to request a postponement
- You're asked to sign documents at the IME giving consent for information release. Don't sign anything without your lawyer's advice
- The IME doctor provides treatment advice or prescribes medications, which breaches their role as an independent assessor
- You're pressured to minimise symptoms or feel like the examination has been conducted unprofessionally
- The IME specialist is working outside of their area of expertise (e.g., a general surgeon assessing complex psychological trauma)
Common mistakes to avoid:
- Exaggerating symptoms can severely damage claim credibility
- Minimising symptoms because you're worried about appearing weak
- Arriving unprepared without medical records or a clear recollection of your accident history
- Failing to disclose pre-existing conditions; non-disclosure appears dishonest
- Not reporting concerns to your lawyer if something went wrong during the examination
When to Seek Legal Advice
Get advice as early as possible, especially if:
- You've just received notice of an upcoming IME and want guidance on preparation and your rights
- The IME timing seems premature, as you're still undergoing active treatment
- You disagree with the IME findings, or the report contains factual errors
- The IME opinion conflicts significantly with your treating doctors' assessment(s)
- Your claim is being rejected or undervalued based on an adverse IME report
Why early advice matters:
- Understand your full rights under Queensland's CTP, WorkCover, or common law schemes
- Access rehabilitation and support services sooner to maximise recovery
- Protect your claim from common pitfalls like poor IME preparation or procedural breaches
- Meet critical deadlines, 9 months to lodge a CTP Notice of Accident Claim, 6 months for WorkCover, and 3 years for common law proceedings
Key Takeaways
- IME doctors assess your condition for legal purposes; they don't provide treatment
- You have clear procedural rights, including a ‘reasonable’ notice period, the ability to have a support person with you, and the ability to arrange for an interpreter
- Honesty is critical; exaggeration is easily detected and harms your case
- Adverse IME findings don't automatically end your claim; experienced lawyers can challenge reports through rebuttal evidence or by presenting the opinions of your treating doctor(s)
- Early legal advice makes a significant difference in preparing effectively and achieving fair compensation outcomes
Get Help Now
If you've been injured and need guidance about an upcoming medico-legal examination or believe your claim has been unfairly assessed, getting early legal advice helps you understand your rights and protect your entitlements.
Smith's Lawyers has extensive experience guiding clients through IMEs and challenging unfair assessments to achieve maximum compensation.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your IME concerns or compensation claim
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis
- Request a call back: Use the form below to have our experienced personal injury team contact you at a time that suits
Our team understands the anxiety many claimants feel about medico-legal examinations. We'll explain exactly what to expect, help you prepare thoroughly, and ensure your rights are protected throughout the process.
