When you are receiving workers’ compensation benefits in Illinois and the insurance company requests an IME workers comp Illinois examination, many injured workers are caught off guard. These exams — formally called Section 12 examinations under the Illinois Workers’ Compensation Act — are a standard tool insurers use to challenge ongoing benefits. Understanding what the exam is, what your legal obligations are, and how the results can affect your claim is essential before you walk into that appointment.
This article provides general legal information; consult with a licensed Illinois attorney for advice specific to your situation.
What Is a Section 12 IME Under Illinois Workers’ Comp Law?
Section 12 of the Illinois Workers’ Compensation Act — codified at 820 ILCS 305/12 — expressly grants the employer or its insurer the right to have the injured worker examined by a physician of the employer’s choosing. The statute states that an employer may at any time after an injury require the employee to submit to examination by a physician selected by the employer. This examination is commonly referred to as an Independent Medical Examination, or IME.
Despite the word “independent,” these physicians are hired and paid by the insurer. Their role is to offer a second medical opinion — often one more favorable to the insurer’s position than the opinion of your own treating doctor. IME doctors may address questions such as whether the injury is causally related to the work accident, whether the employee has reached maximum medical improvement (MMI), and whether the restrictions your treating physician placed on your activity are medically necessary.
IME Workers Comp Illinois: What to Expect on Exam Day
A Section 12 IME is typically brief — often 15 to 30 minutes — and consists of a review of your medical records, a physical examination, and questions about how the injury occurred and how your symptoms affect your daily activities. The IME physician will then prepare a written report for the insurer outlining their findings and opinions.
You should bring a list of all medications you are currently taking and any assistive devices (brace, crutch, cane) you use. Describe your symptoms and limitations honestly and consistently with what you have reported to your treating physician. The IME doctor may note any observed discrepancies between your reported pain levels and your physical presentation, and those notes can appear in the report used against you at arbitration.
Your Legal Obligation to Attend — and the Consequence of Missing the Exam
820 ILCS 305/12 is explicit: if an employee refuses to submit to or in any way obstructs the examination, the employee’s right to compensation may be suspended until the examination has taken place. In practice, this means that if you fail to attend a properly noticed Section 12 IME, the insurer may stop paying your temporary total disability (TTD) benefits and medical bills until you comply. The Illinois Workers’ Compensation Commission (IWCC) has issued numerous decisions affirming that non-attendance — absent compelling justification — supports suspension of benefits.
Do not skip a Section 12 examination without first speaking with your attorney. If you have a legitimate reason for rescheduling — such as a conflicting medical appointment or a documented emergency — notify the insurer’s attorney in writing as soon as possible and request a new date. Ignoring the notice entirely carries serious risk to your ongoing benefits.
The IME Opinion Is Not the Final Word
A key point many injured workers miss: the Section 12 IME opinion does not automatically decide your case. Under Illinois workers’ compensation law, the IWCC arbitrator weighs all medical evidence in the record, including the opinions of your treating physicians, records from specialists, and functional capacity evaluations, against the IME report. The arbitrator is not required to accept the IME opinion over a well-supported treating physician opinion.
Illinois arbitrators routinely reject IME conclusions when the treating physician’s records are thorough, internally consistent, and supported by objective diagnostic findings such as MRI results or surgical reports. If you are navigating an IME dispute as part of a broader construction site injury claim, the overview at Illinois construction workers compensation provides additional context on the full workers’ compensation process for tradespeople and laborers.
How Your Attorney Can Help With an IME
An experienced Illinois workers’ compensation attorney can assist you at every stage of the IME process. Before the exam, your attorney can review the notice to ensure it complies with the Act’s requirements, prepare you for the types of questions the IME doctor is likely to ask, and coordinate with your treating physician to ensure your medical records are up to date and well-documented.
After the IME report is issued, your attorney can analyze the report’s opinions, identify factual errors or mischaracterizations of your history, and work with your treating physician or an independent specialist to prepare a rebuttal opinion for use at arbitration. Under 820 ILCS 305/12, your attorney is also entitled to request a copy of the IME report, and the insurer must provide it before using it at hearing.
Talk to a Chicago Attorney — Free Consultation
If you or a family member has been harmed, the attorneys at Phillips Law Offices are ready to help. Call (312) 346-4262 or contact us online for a free, no-obligation consultation. We handle cases throughout the Chicago metropolitan area.