How to Prepare for Your First Workers’ Comp Medical Examination

• Oct 24, 2025
• Blog
• Michael Burgis & Associates, P.C

Preparing for your first workers’ compensation medical exam is one of the most important steps in your case. I’m Michael Burgis, managing attorney at MB&A, and I want to make sure you start this process on the right foot. Whether your claim is accepted or denied, this initial medical appointment sets the foundation for your treatment, your benefits, and even the ultimate value of your case. The doctor’s report will become critical evidence, which is why it’s essential to be honest, thorough, and prepared.

In the video below, I’ll walk you through key steps to protect your credibility: what to say, what not to leave out, and how to ensure every injury and symptom is properly documented. From disclosing prior injuries to requesting referrals for other affected body parts, these small but vital details can make a big difference in your recovery and your case outcome..

Transcript:

Hi. My name is Michael Burgis, and I’m the managing attorney of MB&A. I wanted to make a quick video. If you’re watching this, you’re likely about to see your first appointment from a physician in a Workers’ Comp case. Or generally, this is the advice I give to somebody who’s going to see the initial medical appointment in their worker’s comp case.

Here at MB&A, I typically feel that most firms don’t do this, but I want to be proactive versus reactive and take the time to really make sure that the evidence and information going in is the best, because that means the report coming out and the evidence I get will likely be the best possible.

Advice Regarding Your Workers’ Comp Independent Medical Exam

So ultimately, here’s some advice. Remember that whether your claim is accepted or denied, you are seeing a doctor for the first time on your work-related case. Here’s some advice that a lot of people make mistakes on.

Convey All Injuries Regardless of Doctor’s Expertise

If you’re seeing a doctor, whether it be an orthopedist, internist, psychiatrist, psychologist, whatever their specialty is, don’t forget to tell them all of the injuries, even if it’s outside the scope of their expertise.

For instance, you see an orthopedist, but you’re having internal issues, stomach problems, hypertension, diabetes, stress, depression, and anxiety, neurological issues. Just remember, it’s important at that first evaluation that that doctor has a clear picture of all of your injuries, even if it’s outside the scope of their expertise.

Even if there’s only one accepted body part in the claim and all the other body parts are denied, it’s very important that that doctor has a complete picture of all your injuries. So don’t make the mistake of limiting your symptoms to the accepted body part or that specialty.

Convey Accurate Medical History

Next, really important, the medical history on that initial evaluation. Oftentimes it comes back to bite injured workers, and that is this: they’ll ask you about prior injuries, motor vehicle accidents, or prior issues with those body parts, whether they’re involved in an accident or not. Some of my clients will say, no, I haven’t injured that body part before, and it turns out that the medical records get subpoenaed or their accidents get found out about, and then now it looks like they’re not credible. So this is very, very important. You need to assume, even at the initial appointment, that that doctor is going to know everything about your history. They’re going to subpoena all your medical records, they’re going to know about all your treatment records, and they’re going to see if you filed other claims and lawsuits.

So you’ve got to assume they know the answers to the questions, and you just need to be honest. Now, if you don’t remember something, it’s okay, like, have you ever been involved in an accident in this? And you say, “No, not that I remember.” And if they find something out and it was 20 years ago, not that big of a deal.

But if you say no affirmatively, it’s a little bit more problematic. And if you say no or not that I remember and it happened a month ago or six months ago, and you received a massive check in a lawsuit, then your case is going to be destroyed because your credibility is going to be destroyed. This is important. Be honest. Don’t hide anything. Any prior injuries, be honest about that because it will literally destroy your case if you lie or intentionally mislead.

Defendant’s Medical Provider vs. Doctor Outside Defendant’s Medical Network

Next, ultimately, the doctor you’re going to see could be one of two doctors. It could be an accepted doctor in the defendant’s medical provider network, or if the claim is denied, a doctor that we send you outside the medical provider network. Clearly, if the claim is denied and we’re sending you to one of our doctors to address those issues, that doctor is going to be more receptive to you and is going to ask you more questions to try to solicit all of the injuries, all the compensable consequences, the things that developed because of the injuries, and all of the injuries even outside the scope of their expertise.

However, in an accepted claim, when you’re treating in the medical provider network with the insurance company’s doctor, this doctor is less apt to do favors for you. They’re not looking to help you out. In fact, the doctors are probably looking to help out the insurance company. So if you fail to disclose body parts or other injuries, believe me, that’s going to be left out.

And even if you tell them, sometimes they don’t put it in there and they don’t document it intentionally. So it’s very important that you make a point of saying, doctor, especially if it’s in the insurance company’s network, here are my body parts that are injured, here are all my symptoms. I’ve been told to tell you everything, even if it’s outside the scope of your expertise, and I want to make sure that I get the appropriate referrals to any doctor who is outside the scope of your expertise.

Get Timely Referrals

So, for instance, at the initial appointment, if it’s an orthopedist and you’re having internal issues or psych issues or whatever the other specialty is, it’s important that doctor timely refer you to that other doctor so that we don’t add a delay in your case—both a delay in treatment and a delay in adjudicating whether that symptom or injury is industrial.

Additional Tips

So again, welcome to the workers’ comp system. You’re about to see a doctor. Just a brief video to make sure that you know what is important. And again, to summarize: be on time. I don’t want you to upset the doctor by being late—they’re less apt to help you.

I would avoid taking pain medication if you can. Not that I want you to be in pain unnecessarily, but I do want that doctor to have a fair picture of what you’re going through. But by all means, take whatever medication you want.

Be polite and respectful.

Don’t exaggerate to that doctor, but don’t minimize and be stoic either. Just be honest.

Fairly disclose all prior injuries, all prior settlements, claims, all of that stuff, because you need to assume that they’re eventually going to find out about that. And we don’t want the credibility to be compromised.

Make sure that any referrals that need to be done, that you request that they be done. And again, this is the start of your case. We just want to start off on the right foot here.

The takeaway here is: just be honest.

Contact MB&A to Navigate the Workers’ Comp System

Now, also, remember that workers’ comp is not necessarily fair or just or swift, and there are lots of issues here, but we can navigate those issues together. Ultimately, you’re in good hands, and as long as we get a good initial report and you’re honest and truthful, we’re not really worried about anything. I hope this has been helpful, and I look forward to taking care of you on this journey.