Disclaimer: The information in this article is provided for general educational purposes only and does not constitute legal advice. The law surrounding medical examinations in personal injury and workers' compensation claims is highly fact-specific, and every case is different. Nothing here should be treated as a substitute for evaluation by a licensed Louisiana attorney.

An independent medical exam, often called an IME, is a medical evaluation ordered by an insurance company, an employer, or a court rather than chosen by the injured person. Louisiana law does not actually use the word "independent" in most of its current statutes. Instead, it calls this evaluation an "additional medical opinion," a small wording shift that matters because it signals the exam is meant to produce a second opinion, not a neutral one.

In most Louisiana injury claims, you generally have to attend if the exam is properly requested and noticed. Refusing can suspend your benefits or your ability to move a claim forward. David Laborde and Digger Earles built Laborde Earles Injury Lawyers on the idea that injured Louisianans deserve a team that translates confusing insurance and legal processes into plain language, and this is one of the more misunderstood steps in a claim. Understanding what an IME actually is, and what it is not, helps you walk into the appointment prepared instead of anxious.

The Basics

• The exam is paid for by the party who requested it, not by you
• The examining doctor works for the requesting party, not for your ongoing care
• You are entitled to written notice before the exam takes place
• You generally have a right to a copy of the resulting report

Refusing without good cause can affect your benefits or your claim.

Why Insurance Companies and Employers Request an IME

Insurers and employers request an IME when they want a second medical opinion on the nature, extent, or cause of an injury. It is a checkpoint built into both workers' compensation law and civil litigation, not a punishment for filing a claim.

In a workers' compensation case, Louisiana law gives the employer the right to have an injured employee examined by a doctor of the employer's choosing throughout the life of the claim, and that doctor's opinion becomes part of the record alongside the treating physician's findings, under La. R.S. 23:1121.

In a civil personal injury lawsuit, such as one arising from a car or truck accident, the defense can ask the court to order a similar exam once a plaintiff's physical or mental condition is at issue in the case, under La. C.C.P. art. 1464.

Common triggers for an IME include:

• The treating physician recommends surgery or long-term disability status, which the insurer wants reviewed
• The claimant has reached, or is approaching, maximum medical improvement
• There is a dispute about whether the injury is actually related to the accident
• Ongoing wage or medical benefits are being reevaluated in a workers' compensation claim

Do You Have to Attend an IME in Louisiana?

If an IME is properly requested and you receive proper notice, Louisiana law generally requires you to attend, and refusing carries real consequences.

In a workers' compensation claim, an injured employee who refuses an exam requested by the employer, or refuses an additional medical opinion exam ordered under La. R.S. 23:1123, can have compensation and the right to pursue the claim suspended until the exam takes place. The law entitles the employee to at least 14 days' written notice in advance under La. R.S. 23:1124.

In civil litigation, a court order compelling an exam under La. C.C.P. art. 1464 can only be issued for good cause, but once issued, it functions like any other discovery order and carries the same obligation to comply.

Be aware of the following limits:

• The requesting party cannot, in a workers' compensation claim, demand more than one exam per medical specialty without your consent under La. R.S. 23:1121(A)
• A civil court order must specify the time, place, manner, and scope of the exam, under La. C.C.P. art. 1464(A)
• A minor undergoing a court-ordered exam has the right to have a parent, tutor, or legal guardian present, under La. C.C.P. art. 1464(C)

Step by Step: What to Expect During an IME

An IME typically follows a predictable sequence from scheduling through the final report, even though the doctor and setting will differ case by case:

1. Notice and scheduling: You or your attorney receive written notice of the date, time, and location, along with the name and specialty of the examining physician.
2. Check-in and paperwork: You will likely be asked to complete an intake form describing your medical history, current symptoms, and prior treatment.
3. Interview: The physician asks about the accident, your symptoms, your daily limitations, and your treatment history so far.
4. Physical or diagnostic testing: Depending on the injury, this may include a physical examination, range-of-motion testing, strength testing, or review of imaging you have already had done.
5. Records review: The examiner typically reviews medical records provided by the requesting party before or after the visit, not just what you say in the room.
6. Report drafting: The physician prepares a written report summarizing findings and opinions, which is sent to the requesting party.
7. Distribution of the report: In a workers' compensation claim, the employee is entitled to a copy of that report within thirty days of the requester receiving it, at no cost, under La. R.S. 23:1125.

The exam itself is often brief, sometimes twenty to forty minutes, even though the process surrounding it can stretch out over weeks.

IME vs. Treating Physician Evaluation

IME (Additional Medical Opinion)	Treating Physician Evaluation
Who selects the doctor	Insurer, employer, or opposing party	You, as the patient
Who the doctor works for	The party who requested the exam	Your ongoing care and treatment
Purpose of the visit	Evaluate a specific dispute (injury extent, causation, work capacity)	Diagnose and treat your condition over time
Typical duration	A single visit, often brief	Ongoing relationship, multiple visits
Doctor-patient relationship	None; a one-time evaluation	Established, continuing relationship
Where the findings go	Report to the requesting party, sometimes the court	Your medical chart and treatment plan
Confidentiality	Report shared with the requesting party by law	Governed by standard patient confidentiality rules

Because the IME physician has no ongoing relationship with you and no duty to treat your condition, the report from that visit should never be treated as a substitute for your own doctor's care or recommendations.

How to Prepare for an IME

• Bring a photo ID and any paperwork the notice asked you to complete in advance
• Bring a written, honest list of your current symptoms and how they affect daily tasks like sleeping, driving, or working
• Arrive on time and avoid rescheduling unless truly necessary, since delay can be used against you
• Answer questions honestly and consistently with what you have told your treating physician; do not exaggerate or minimize
• Avoid volunteering unrelated medical history or opinions about your claim
• Do not sign any documents at the exam beyond standard intake forms without reviewing them first
• Keep your own written notes afterward, including the length of the exam and what tests were performed, while your memory is fresh
• Tell your attorney immediately if the exam felt rushed, incomplete, or if the physician asked about anything outside the scope of your injury

Your Rights During an IME

You have specific legal protections during an IME, and knowing them in advance can make the appointment feel far less intimidating:

The exam has limits

• In a workers' compensation dispute, a medical opinion exam ordered under La. R.S. 23:1123 is meant to address disputes over your condition or capacity to work
• It is not meant to serve as an open-ended expedition into your entire medical history

Certain people cannot sit in

• Louisiana law specifically states that a case manager, vocational rehabilitation counselor, or an employer's representative who is not treating you cannot attend your medical examination
• This is under La. R.S. 23:1127(D)

You are entitled to the findings

• You have the right to a copy of the written report in a workers' compensation claim at no cost under La. R.S. 23:1125

A civil court order must be specific

• A judge ordering an exam under La. C.C.P. art. 1464 must spell out its scope in advance
• A scholarly review of Louisiana case law notes that courts have required a genuine showing of good cause before ordering the exam at all, rather than granting it automatically whenever a defendant asks (see the Louisiana Law Review analysis of Article 1464)

These protections exist because the law recognizes the built-in imbalance of an exam paid for and arranged by the other side of your claim.

Common Questions About Independent Medical Exams

Can I bring someone with me to an IME?
Louisiana law does not generally guarantee an adult claimant the right to have a companion in the exam room itself, though a minor undergoing a court-ordered exam is entitled to have a parent, tutor, or guardian present under La. C.C.P. art. 1464(C). Whether an adult may bring someone often depends on the order, the requesting party's policies, or a prior agreement.

Does the IME doctor decide whether I win my claim?
No. The IME report is one piece of evidence among several, including your treating physician's records, and it does not automatically override your own doctor's opinion.

What happens if I disagree with the IME findings?
You and your attorney can challenge the findings, present your treating physician's records and opinions, or request further proceedings depending on whether the claim is in workers' compensation or civil court.

Is an IME the same thing as a second opinion I ask for myself?
No. A second opinion you seek out is chosen by you and stays part of your own care. An IME is chosen and paid for by the other side specifically to evaluate your claim.

Can the exam be rescheduled?
Sometimes, for genuine conflicts or medical reasons, but repeated rescheduling without good cause can be treated the same as a refusal to attend.

Why Louisiana Residents Turn to Laborde Earles During the Claims Process

The attorneys at Laborde Earles Injury Lawyers, including founding partners David Laborde and Digger Earles, have spent a combined 350 years of experience guiding injured Louisianans through these kinds of claims, from the first notice of an exam through the negotiation or trial that follows.

With offices across Lafayette, Alexandria, Marksville, New Iberia, Lake Charles, New Orleans, and Baton Rouge, the firm's bilingual team is available 24/7/365 to help clients understand what is being requested of them and why.

If you have received notice of an IME or are unsure whether a request you received is even valid, the team at Laborde Earles Injury Lawyers is available to talk through your specific situation and next steps. Your Voice is Our Voice, and there is no fee unless we win your case. Contact us today to schedule your complimentary case evaluation.

Sources

• La. R.S. 23:1121, Examination of injured employee: https://www.legis.la.gov/legis/Law.aspx?d=83367
• La. R.S. 23:1123, Disputes as to condition or capacity to work: https://www.legis.la.gov/legis/Law.aspx?d=83369
• La. R.S. 23:1124, Refusal to submit to an additional medical opinion: https://www.legis.la.gov/legis/Law.aspx?d=83370
• La. R.S. 23:1125, Right of employee to written report of medical examination: https://www.legis.la.gov/legis/Law.aspx?d=83372
• La. R.S. 23:1127, Release of medical records and information: https://www.legis.la.gov/Legis/LawPrint.aspx?d=83374
• La. C.C.P. art. 1464, Order for an additional medical opinion for physical or mental examination of persons: https://www.legis.la.gov/legis/Law.aspx?d=111237
• Louisiana Law Review, "When Are Defendants Entitled to an Additional Medical Examination? The Correct Interpretation of 'Good Cause' in Louisiana Code of Civil Procedure Article 1464": https://lawreview.law.lsu.edu/2021/10/27/when-are-defendants-entitled-to-an-additional-medical-examination-the-correct-interpretation-of-good-cause-in-louisiana-code-of-civil-procedure-article-1464/