Frequently Asked Questions about Independent Medical Examinations (IME) in Queensland

Do I have to attend an IME in Queensland?

In most Queensland personal injury claims, attendance at an IME is required if reasonably requested by an insurer or statutory authority.

For example:

• In workers’ compensation claims, insurers have statutory power to require attendance

• In CTP and public liability claims, insurers can arrange reasonable assessments as part of investigating the claim

Failing to attend an IME without a reasonable excuse can result in:

• Suspension or delay of benefits

• Adverse inferences being drawn about your injury

• Difficulties progressing your claim

However, the request must be reasonable in terms of timing, location, and the relevance of the specialist to your injury.

What does “reasonable” mean in the context of an IME?

A request for an IME is not unlimited. It must be reasonable having regard to:

• The purpose of the examination (e.g. obtaining information not already available)

• The number of prior examinations (repeated examinations may be challenged)

• The location (particularly relevant for Townsville and regional clients)

• The specialist’s expertise in relation to your injury

If any of these factors are inappropriate, the request may be capable of challenge.

Can I refuse to attend an IME?

You can refuse, but only in limited circumstances.

A refusal will generally only be justified where there is a“reasonable excuse”, which is assessed on a case-by-case basis. Examples may include:

• Medical reasons preventing attendance

• Unreasonable travel requirements

• Excessive or duplicative examinations

Importantly, refusing without proper justification can put your claim at risk. If you have concerns, it is usually appropriate to seek legal advice before declining.

Can I choose the IME doctor?

In most cases, you cannot choose the insurer’s IME doctor. The referring party selects the specialist.

However:

• The doctor must be appropriately qualified in the relevant field

• The request must be reasonable

• Your lawyers can arrange your own independent expert to provide a separate report

In practice, personal injury claims often involve competing medical opinions, rather than a single determinative assessment.

What happens if my treating doctor disagrees with the IME?

It is very common for treating doctors and IME specialists to reach different conclusions.

This may occur because:

• Treating doctors focus on recovery and patient care

• IME doctors assess legal questions such as causation and impairment

Where there is a conflict:

• Both opinions are considered alongside other evidence

• Additional expert evidence may be obtained

• Ultimately, a court (if necessary) will determine which opinion is preferred

No single report automatically “overrides” another.

What happens if I disagree with the IME report?

An IME report is not final or binding.

If the report is unfavourable, there are several options, including:

• Obtaining a further medico-legal report from another specialist

• Identifying factual inaccuracies or omissions

• Providing updated or additional treating evidence

• Challenging the report during negotiations or court proceedings

The weight given to the report depends on how well it is reasoned and supported by the evidence.

What questions will the IME doctor ask me?

While each examiner differs, you can generally expect questions about:

• How the incident occurred

• Your symptoms and whether they have changed over time

• Your medical and injury history

• Treatment you have received

• Your ability to work and perform daily activities

These questions are designed to help the expert assess causation, severity, and functional impact.

Is what I say at an IME confidential?

The IME is not a typical doctor–patient relationship.

• The doctor is engaged to provide a report to the referring party

• Information you provide will be included in the medico-legal report

• That report is shared with relevant parties in the claim

For this reason, it is important to be accurate, honest, and consistent in your responses.

Can I take notes or record the IME?

Whether you can record an IME depends on:

• The examiner’s policies

• The circumstances of the appointment

Generally:

• You can make a note of what occurs after the appointment

• You may be able to request permission to have a support person present

If recording is a concern, it should be addressed in advance.

(Note: rules about recordings are not uniform and may depend on consent requirements.)

Can I bring a support person?

In many cases, you may bring a support person to the appointment. However:

• Whether they can be present during the examination is at the doctor’s discretion

Support persons are often permitted for:

• Psychological examinations

• Clients with vulnerability or communication needs

How long does an IME take?

The duration will vary depending on:

• The type of injury (physical vs psychiatric)

• The complexity of your medical history

• The type of specialist

Appointments generally involve an interview and examination, followed by preparation of a report after the appointment.

Will the IME affect whether my claim is accepted?

Yes—IME evidence can be highly influential.

Insurers may use IME reports to:

• Accept or reject a claim

• Approve or decline treatment

• Assess capacity for work

• Determine whether benefits should continue

However, decisions are made based on all available evidence, not just a single report.

Does the IME determine how much compensation I receive?

Not on its own—but it plays a significant role.

IME findings contribute to assessing:

• Permanent impairment

• Work capacity

• Future medical needs

• Overall impact on your life

These factors form part of the overall calculation of compensation, alongside other evidence and legal considerations.

Why might I have to attend more than one IME?

It is not uncommon to attend multiple IMEs because:

• Different specialists assess different injuries (e.g. orthopaedic vs psychiatric)

• Each party may obtain its own expert evidence

• Additional reports may be required as your condition evolves

This is a normal part of the claims process in Queensland.

Key takeaway

Independent Medical Examinations are a routine and often unavoidable part of personal injury claims in Townsville and across Queensland.

Understanding your obligations, your rights, and how IME evidence is used can help you:

• Approach the process more confidently

• Avoid common mistakes

• Protect the strength of your evidence