Injured Worker IME Obligations

If you refuse attend an IME or unreasonably obstruct the IME, your entitlements to compensation may be suspended.

The Agent must obtain the injured worker’s explanation for not attending to ascertain if the nonattendance was unreasonable.

Obstruction of the independent medical examination may consist of:

• Refusal to answer questions asked by the IME.
• Refusal to cooperate with the physical examination.
• Knowingly provide misleading or false information to the IME.
• Refusing to provide test results previously undertaken, which may be relevant to a diagnosis being made.

Where an injured worker refuses to attend an IME appointment, or unreasonably obstructs the assessment, after written correspondence from the Workcover agent, the Workcover Agent can suspend:

• Any claim or proceedings by or on behalf of the injured worker
• The injured workers entitlement to compensation, e.g.
  • Weekly payments
  • Medical and like expenses
  • Impairment benefits
• The injured workers entitlement to apply to the Magistrate or County Courts

Workers can appeal against suspension for non-attendance. The worker has the right to contest a decision to suspend their claim on the grounds of unreasonable obstruction of or refusal to have a medical examination.

Contact Union Assist and or your union for more advice.

The information on this website produced and distributed by the IWSN is of a general nature. We do our best to ensure the information is accurate and up to date, but cannot take any responsibility for any loss arising out of its use. You should not rely on it applying in your own circumstances and should always take further advice from those with appropriate qualifications.

Last updated August 2024.