Navigating the workers' compensation process in Queensland can be complex, especially when it comes to medical examinations and treatments. One common question is whether you have to see a WorkCover doctor or if you can use your own treating doctor.
This article will explain the difference between using your treating doctor and attending an Independent Medical Examination (IME) requested by WorkCover Queensland or your employer’s workers' compensation insurer.
Your Treating Doctor
Your treating doctor plays a crucial role in your recovery and workers' compensation claim. Here’s what you need to know about using your own doctor:
- Initial Treatment and Ongoing Care: You have the right to choose your own treating doctor for initial treatment and ongoing care of your work-related injury or illness. Your treating doctor will manage your treatment, provide rehabilitation support, and issue work capacity certificates.
- Work Capacity Certificate: Before making a claim for workers’ compensation, you will need a work capacity certificate from your treating doctor. This certificate provides important information about your injury, treatment needs, and work capacity and is essential for your claim to be processed.
- Role in Rehabilitation: Your treating doctor will guide your rehabilitation process, assess your capacity for work, and advise on suitable duties to help you return to work. They will also communicate with WorkCover Queensland and your employer to ensure a smooth recovery and return to work.
Also read: How Long Can You Be on WorkCover in Queensland?
Independent Medical Examination (IME)
An Independent Medical Examination (IME) is different from the treatment provided by your own doctor. Here’s what you need to know about IMEs:
- Purpose of an IME: An IME is conducted by a doctor chosen by WorkCover Queensland or your employer’s workers' compensation insurer. The purpose of an IME is to obtain an independent expert opinion on various aspects of your injury or illness, such as the extent of your injuries, the necessity of recommended treatments, and the degree of permanent impairment.
- When an IME is Required: You may be asked to attend an IME at different stages of your workers' compensation claim. This can include determining the nature and extent of your injuries, assessing whether your employment was a significant contributing factor, evaluating the necessity of ongoing treatments, and assessing your degree of permanent impairment.
- Legal Requirements: Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), WorkCover Queensland or any workers' compensation insurer has the right to request that you attend an IME. The request must be in writing and include details such as the name of the doctor, their speciality, and the date, time, and place of the examination.
- Obligations and Consequences: You are generally required to attend the IME as requested. If you fail to attend without a reasonable excuse, refuse to be examined, or obstruct the examination, WorkCover can suspend your benefits. However, you can refuse to attend if you have a reasonable excuse, which varies on a case-by-case basis.
- Independence of IME Doctors: While IME doctors are not formally employed by WorkCover, they are part of a panel of specialists who tend to be included in this list. These doctors provide independent assessments but do not have a doctor-patient relationship with you, and their findings are reported directly to WorkCover.
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Key Differences Between Your Treating Doctor and an IME Doctor
- Relationship: Your treating doctor has an ongoing relationship with you, providing continuous care and treatment. An IME doctor, on the other hand, is engaged by WorkCover or the insurer to provide a one-time independent assessment.
- Confidentiality: There is a doctor-patient relationship with your treating doctor, meaning your discussions and treatments are confidential. In contrast, there is no such relationship with an IME doctor, and their findings are reported directly to WorkCover.
- Purpose: Your treating doctor focuses on your recovery and rehabilitation, while an IME doctor provides an independent opinion to assist WorkCover in making decisions about your claim.
Next steps:
In Queensland, you have the right to choose your own treating doctor for the initial treatment and ongoing care of your work-related injury or illness. However, you may also be required to attend an Independent Medical Examination (IME) requested by WorkCover Queensland or your employer’s workers' compensation insurer.
Understanding the roles and differences between your treating doctor and an IME doctor is crucial for navigating the workers' compensation process and ensuring you receive the appropriate care and support for your recovery.
If you have any concerns or questions about attending an IME, it is advisable to seek legal advice to understand your rights and obligations fully.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
Queensland workers can rely on Smith's Lawyers for risk-free expertise in workers compensation claims. Our team serves all of Queensland, from Brisbane, Gold Coast, and Sunshine Coast to Logan, Ipswich, and regional hubs like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay.
