Medicolegal Reports + Independent Medical Examination (IME)

Article by Personal Injury Lawyer, Tyla Leo.

September, 2023

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Tyla Leo is a Litigation Lawyer and Senior Associate at O’SheaDyer Solicitors Townsville. She practices exclusively in Injury Claims acting for Plaintiffs.

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I have a Compensation Claim. Why is a Medicolegal Report so important? What is an IME?

If you have a Personal Injury Claim, your lawyers will need to discuss with you the importance of Medicolegal Reports. In order to obtain a medicolegal report, you will need to see a specialist doctor to have an Independent Medical Examination (IME).

What is a Medicolegal Report?

A Medicolegal Report is an independent report obtained from a specialist doctor, in the relevant field of medicine*. The doctor performs an Independent Medical Examination and then provides their written opinion regarding the injuries.

For example, if you injured your knee in a motor vehicle accident your lawyer would want to obtain a medicolegal report from a specialist orthopedic surgeon. The report would contain the surgeon's opinion on your orthopedic knee injuries.

Medicolegal Reports contain some of the most important evidence for your compensation claim. The report provides evidence about the extent of your injuries and how that may affect your future. Your lawyer will rely on the report to establish a strong case regarding the extent of your injuries.

In a Compensation Claim or Personal Injury Claim, it is usually the case that your lawyer will arrange for you to see a specialist to obtain a report. The insurance company (the ‘other side’) will also arrange for you to see a specialist to obtain a report.

*relevant field of medicine – the field of medicine that is relevant to the injury being assessed.

What information is contained in a medicolegal report?

In the medicolegal report, the specialist doctor will usually provide their expert opinion:

• On the diagnosis of your injuries,
• Future treatment you may require,
• The impact of your injuries upon your employment from the date of the accident into the future,
• The impact of your injuries upon your recreational hobbies and domestic activities,
• And in some cases, whether you require any assistance as a result of your injuries.

Is it vital that I get a Medicolegal Report + IME?

Yes. Without an Independent Medical Examination and a Medicolegal Report, many insurance companies will not consider paying a reasonable amount of compensation.

Your lawyer should arrange for you to see a specialist doctor for a Medicolegal Report as soon as your injuries have stabilised.

Usually, injuries stabilise within 9 to 12 months after an accident. However, as every case is different, sometimes it may take longer.

Many people do not realise that in most cases, the insurer (the ‘other side’) will want to gather their own Medicolegal Reports as evidence. It is likely you may be required to attend further Medicolegal or Independent Medical Examinations which are arranged by the insurer.  

Do I have to attend an Independent Medical Examination arranged by the insurer?

Yes. Whether you have sustained a work-related injury, been injured in a motor vehicle accident or in a public liability claim, the insurer is entitled to request that you undergo an Independent Medical Examination (IME) to obtain their own Medicolegal Report.

Insurers are entitled to obtain their own medicolegal evidence - there is legislation in Queensland that allows for this. The insurer will usually provide your lawyer with a panel of three specialists to choose from. You may be required to travel to attend the appointment. This depends on the location and availability of the specialist. If you are required to travel to attend an appointment, the insurer will pay for your reasonable travel and accommodation expenses.

Relevant legislation

Motor Vehicle Accident

• Motor Accident Insurance Act 1994 (Qld).

Section 46A (2) (a) states… A claimant must comply with a request by the insurer to undergo, at the insurer’s expense, a medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors nominated in the request.

Workers Compensation Claim

• Workers Compensation and Rehabilitation Act 2003 (Qld).

Section 282 states… An insurer or contributor may at any time ask the worker to undergo either or both of the following, whether at one time or at different times, at the expense of the insurer or contributor:

1. A medical examination by a doctor to be selected by the worker from a panel of at least three (3) doctors nominated in the request;
2. An assessment of cognitive, functional, or vocational capacity by a registered person to be selected by the worker from a panel of at least 3 persons with appropriate qualifications and experience nominated in the request.

And 2. The worker must comply with the request unless it would be unreasonable or unnecessarily repetitious.

Public Liability Claim

• Personal Injuries Proceedings Act 2002 (Qld).

Section 25 (2) states…The Claimant must comply with a request by the respondent to undergo, at the respondent’s expense either or both of the following: 

1. A medical examination by a doctor to be selected by the claimant from a panel of at least 3 doctors with appropriate qualifications and experience in the relevant field nominated by the respondent in the request;
2. An assessment of cognitive, functional or vocational capacity by an expert to be selected by the claimant from a panel of at least 3 experts with appropriate qualifications and experience in the relevant field nominated by the respondent in the request.

2. However, a claimant is not obliged to undergo an examination or assessment under this section if it is unreasonable or unnecessarily repetitious.

What should I expect when I attend a doctor's appointment for a Medicolegal Report – Independent Medical Examination?

Usually, when we go to the doctor we are seeking treatment.

However, when someone goes to a specialist doctor to have a Medicolegal Report done – the doctor conducts an Independent Medical Examination only. They will not give treatment advice about the injuries.

The assessment is an independent assessment.

Your lawyer will have provided the doctor/specialist with a referral letter and a brief which includes copies of your medical records and any relevant reports or documentation relating to your injury and any relevant pre-existing conditions. If the insurance company has arranged the appointment they will have provided similar information.

In most cases, the doctor/specialist will:

• Obtain a medical history from you
• Ask you questions regarding your injury and any treatment you have received
• Conduct a physical examination and
• Review any relevant documentation.

Following the appointment, your lawyer or the insurer will be provided with the doctor/specialist report. Typically, the specialist will take around 4-6 weeks after the appointment to complete the report and send it to the lawyer or insurance company.

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