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Do I Need a Lawyer to Use an AME for My Workers’ Comp Claim?

Yes. A Workers’ Comp administrator may have you see a Qualified Medical Evaluator (QME) to settle disputes over the severity of your injuries. If you want a different medical examiner, you’d have to have a lawyer. The lawyer could work with administrators to select an Agreed Medical Evaluator (AME).

What Is an AME?

When there are questions raised by Workers’ Compensation insurers and no agreement can be reached on how much a victim should receive, Worker’s Comp administrators or the worker can request a QME exam.

This exam is performed by certified physicians known as Qualified Medical Evaluators (QMEs). It’s meant to bring in a third party to help settle differences of opinion on how much support a victim should receive and for how long.

In some cases, the injured employee may desire a different doctor, but they aren’t allowed to seek a change unless they have a California Workers’ Compensation attorney to handle the process.

The attorney would sit down with the California Workers’ Compensation Administrator and they’d have to agree on a new physician. This new doctor is known as an Agreed Medical Evaluator (AME).

Why Is an AME Needed in a California Workers’ Compensation Case?

The QME or AME go over the patient’s injuries if there is disagreement over certain aspects of the claim.

California’s Division of Industrial Relations explains that these and other disputes of the facts may lead to a QME exam:

  • If an insurer thinks the injury happened outside work
  • If an insurer disputes the need for medical care
  • Whether the injury will lead to a permanent disability
  • Whether the worker will need to stay at home to recover

A QME would help settle these and other questions, but they can also make mistakes and simply get it wrong. They may advise that support be cut off after a month when an injured worker could suffer from symptoms for a year or more.

That’s why an attorney is permitted to help an injured worker find the right medical examiner who will offer the best chance to provide a fair evaluation of what’s needed.

Contact a California Workers’ Compensation Attorney

Maison Law offers a free consultation to all injured California workers faced with filing a Workers’ Compensation claim or even a lawsuit against an employer. You’ll speak to a real California Worker’s Compensation Lawyer. Contact us to set up an appointment.

Remember, you don’t need to have any money to hire a skilled attorney to represent your case. We don’t get paid unless your case is successful. Then our fee comes out of the money Workers’ Compensation and your employer must pay you.