Why Indpendent Medical Examinations Are Anything But Independent
The New York Times recently ran a series of articles examining the struggling system of worker’s compensation. Worker’s compensation cases (and general personal injury claims for that matter) are often decided on the opinions of independent medical examiners. However, these examiners have come under scrutiny as many lawyers and doctors say they understate workers’ injuries in order to win business for the large insurance companies who pay them. Furthermore, the legal system harbors delays that force the injured worker to wait months or even years for monetary compensation or medical care. A recent study found that when an insurance company rejects a medical procedure such as an operation, it takes an average of four months to properly settle the claim. Meanwhile, the injured worker is left without proper care and his/her injuries do not properly heal.
Many workers have become so disenfranchised with this system that they simply do not file for worker’s compensation. Rather, they simply rely on their own medical coverage or apply for Social Security disability or welfare. So, costs that should be paid by the employer fall into the hands of the public. The decline of worker compensation claims is also the result of the battles between the company and the workers. Companies go to astonishing lengths to reduce the compensation they have to pay by bitterly contesting the injuries, checking on the workers at home, and even firing workers who file for benefits. This type of retaliation has led many injured workers to avoid filing claims out of fear of retribution.
