What is an independent medical examination?

An IME is an examination by a doctor who has not treated you, arranged by the insurer or ordered by the court [§ 19-2343].

Can I bring someone with me to the IME?

In many cases, yes. Check with your attorney about your right to have a witness present during the examination.

What is maximum medical improvement (MMI)?

MMI determined by treating or examining physician; triggers final determination of permanent impairment. At MMI, your temporary benefits typically end and permanent impairment is assessed.

Can I challenge IME findings?

Yes. You can present your own medical evidence, including opinions from your treating physician, to counter unfavorable IME findings.

Topic guideUpdated 2026-02-27

Independent Medical Exams (IME) in Delaware Workers' Comp

Q: Do I have to attend an IME?

Yes. Employer may request, or the Board may order, a medical examination by a physician selected and paid by the employer; the employee may have a physician of the employee's own selection present at the employee's expense, and the exam may not be referred to as an 'Independent Medical Examination' or 'IME' (fine up to $500 for each such use) [§ 19-2343]. Failure to attend can result in suspension or termination of benefits [§ 19-2343].

How IMEs work in Delaware workers' compensation, your rights, and how results affect your claim.

An Independent medical examination (IME) is a medical evaluation conducted by a doctor who has not previously treated you §19-2343.

When Is an IME Required?

Employer may request, or the Board may order, a medical examination by a physician selected and paid by the employer; the employee may have a physician of the employee's own selection present at the employee's expense, and the exam may not be referred to as an 'Independent Medical Examination' or 'IME' (fine up to $500 for each such use) §19-2343. IMEs are commonly requested when:

The insurer disputes the nature or extent of your injury

There is disagreement about whether you have reached MMI

The treating physician's opinions are challenged

Benefits are being denied or terminated

Your Rights During an IME

You should be aware of these important rights:

You must attend the IME if properly requested — failure to attend can result in benefit suspension

You may bring a witness or record the examination where permitted

You are entitled to a copy of the IME report

You can present your own medical evidence to counter the IME findings

Maximum Medical Improvement (MMI)

MMI determined by treating or examining physician; triggers final determination of permanent impairment.

Maximum Medical Improvement The point at which your condition has stabilized and is unlikely to improve significantly with further treatment.

How IME Results Affect Your Claim

The IME physician's opinion can influence:

	Impact
Causation	Whether your injury is work-related
MMI Status	Whether you have reached maximum medical improvement
Impairment Rating	Your permanent disability percentage
Treatment Needs	Whether continued treatment is reasonable and necessary

✓If the IME results are unfavorable, your own treating physician's opinion still carries weight. An attorney can help you challenge IME findings through additional medical evidence.

Prepare for Your Consultation

Quick checklist (Workers’ Compensation)

Gather these before your first consultation.

Incident report

(employer report, date/time of injury)

Medical records

(doctor visits, diagnoses, treatment plans)

Wage documentation

(pay stubs, tax returns, employment records)

General preparation tips only. Specific needs depend on your state and claim type.

No Obligation

Ready to Talk to a Lawyer?

Submit a short intake form and a participating Delaware attorney who handles this type of matter may reach out to you. No commitment required.

Request a Free Consultation →

No attorney-client relationship is created unless you later sign an engagement agreement. Participating attorneys may pay a marketing fee to receive inquiries.

Common Questions