Compulsory Medical Examination

Compulsory Medical Examinations: What You Need to Know in Connecticut

Compulsory medical examinations are a serious step in any injury claim and should be avoided if possible. However, in some situations—such as Connecticut workers’ compensation claims—they can be required. Knowing how these examinations work and how to protect yourself is critical to safeguarding your legal rights.

At Bert McDowell Injury Law, we understand how overwhelming these situations can be. With the right guidance, you can navigate compulsory medical examinations without jeopardizing your claim.

How Are Compulsory Medical Examinations Done?

A compulsory medical examination (CME) is conducted by a qualified physician—not by an insurance adjuster or anyone without proper medical training. Depending on the circumstances, the insurer may either:

• Select a doctor for you.
• Provide a list of doctors for you to choose from.
• Allow both sides to agree on an independent doctor.

In theory, these exams should be carried out by an independent, unbiased physician. In reality, however, insurers often prefer doctors who are likely to minimize or dispute the extent of your injuries.

You should be prepared for the possibility that the doctor’s primary objective is not to provide an impartial assessment but to help the insurer reduce or deny your claim. For this reason, preparation with your lawyer is essential. You’ll want to approach the examination as you would a deposition or hostile questioning by opposing counsel.

Should You Agree to a Compulsory Medical Examination?

Whenever possible, it’s best to avoid compulsory medical examinations. Insurance companies frequently use these exams as a tool to dispute or outright deny valid claims.

If it’s possible to resolve your claim without undergoing a CME, your attorney can help you negotiate an alternative. However, if you are required to proceed with the examination, you must be aware of the risks.

Five Ways a Compulsory Medical Examination Can Go Against You

Insurance companies use CMEs to find reasons to deny or limit your compensation. Here are five common ways a CME can work against you:

1. The doctor may claim you’re not injured.
   They might argue that your reported injuries are exaggerated or that some of them are not real.
2. The doctor may downplay the severity of your injuries.
   Even if they acknowledge the injury, they may assert it’s less severe than claimed.
3. The doctor may claim the injury wasn’t caused by the accident.
   For example, they could argue the injury existed before the incident in question or is unrelated to the accident entirely.
4. The doctor may blame you for worsening the injury.
   They could claim your injury worsened because of a pre-existing condition or because you failed to follow proper medical advice.
5. The doctor may challenge your own physician’s diagnosis.
   They may contradict key points in your medical records, casting doubt on the evidence you’ve provided.

Any one of these tactics can jeopardize your claim, and insurance companies often rely on biased doctors to tip the scales in their favor.

What Should You Do If You Have to Take a Compulsory Medical Examination?

If you’re required to undergo a CME, take these three steps to protect yourself:

1. Consult Your Lawyer About Alternatives
   Before agreeing to an exam, discuss whether your case requires it. In Connecticut, some policies and situations may allow you to resolve the claim without submitting to a CME. Bert McDowell Injury Law can help you evaluate your options during a free consultation.
2. Prepare With Your Attorney
   Your lawyer should coach you on how to handle hostile questions, how to avoid answering anything outside the scope of the examination, and how to ask clarifying questions when appropriate. Preparation can make all the difference in ensuring the examination doesn’t unfairly harm your case.
3. Schedule an Exam With Your Own Doctor on the Same Day
   Don’t let the insurer’s doctor be the only voice in your case. Scheduling an independent examination with your trusted physician on the same day provides critical documentation of your injuries. This record can counter any biased opinions from the insurer’s chosen doctor. If you don’t already have a doctor familiar with these types of cases, your lawyer can help you find one.

Get Help With Your Injury Claim

A compulsory medical examination doesn’t have to derail your claim. With the right legal support, you can protect yourself from biased opinions and ensure your injuries are accurately represented.

At Bert McDowell Injury Law, we fight for Connecticut injury victims every day. We know how insurers operate, and we won’t let them take advantage of you. Let us handle the details of your claim while you focus on healing.

Call us at 475-231-3274 for a FREE consultation, or fill out our online form to get started. You don’t pay us a cent unless we win money for you. Let us help you fight back and get the compensation you deserve.