Quality QME Guide: Avoid the #1 Mistake Injured Workers Make

By Byron Lansford

Injured workers who are handling their Workers' Compensation claims without the help of a skilled attorney face countless pitfalls. They often unknowingly cause harm to their claims. The attorneys at Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, LLP (GEKLaw) have communicated with unrepresented injured workers who often make one big mistake before retaining our firm's representation.

Part of the claims process is a medical examination by a Qualified Medical Evaluator (QME), a specially licensed doctor that provides medical opinions on the work injury, resulting permanent disability, and future medical care. The QME's opinions will have a significant effect on the outcome of a Workers' Compensation claim. However, the quality of the reporting of QMEs varies from doctor to doctor.

An unrepresented injured worker gets to choose their own QME from a list within 10 days of receipt of the list, but they often mistakenly select a QME who will give inadequate and unfavorable opinions. This can cause significant and irreparable harm to the claim.

Fortunately, the Workers' Compensation Appeals Board (WCAB) ruled that an unrepresented injured worker who retains an attorney can select another QME, but only if the medical evaluation has not started. If you have already attended the QME evaluation, you may be out of luck.

The safest course of action for any injured worker is to hire an experienced Workers' Compensation attorney the moment they have a claim, or at least before they see the QME. The attorneys at GEKLaw are available to provide a free consultation. They can even help you pick another QME! If you have any questions or would like a consultation, please call us at (213) 739-7000. If you are unrepresented and have seen a QME, an attorney will need to review the report to see if the damage can be undone.