Workers' Compensation: What is an EME and do I have to go?


An "EME" stands for Employer's Medical Evaluation. Under Mississippi Workers’ Compensation General Rule 1.9, an Employer has the right to have an injured worker examined by a physician of their choosing (other than the current treating physician). The purpose of the evaluation is to determine the extent of disability or necessity of medical treatment. The Employer/Carrier (EC) must pay for the evaluation and must prepay mileage or provide transportation for the injured worker's attendance. Transportation provided is not an Uber or something similar, ECs typically employ professional transportation companies. Further, the EC must notify the Commission in writing that an EME has been scheduled.

The EME is often used as a second opinion by the EC. If the injured worker unreasonably refuses to attend the EME, the Commission or Administrative Law Judge, may by order, suspend the workers' compensation benefits of the claimant for the duration of the refusal. Even though the EME physician is chosen by and paid for by the EC, claimants must attend the evaluation or suffer a possible suspension of their benefits.

Workers’ compensation laws and rules can be complex at times, and unfamiliar to injured workers. Hiring an experienced workers’ compensation attorney can be critical to your claim and benefits. Insurance companies have teams of lawyers working for them. You should too.

If you have been scheduled for or attended an EME and have not consulted an experienced Mississippi workers' compensation attorney, please do, as it is important that you protect your rights to benefits. If you have been injured at work in Mississippi and have questions about how to handle your medical treatment or what you need to do in order to file a workers’ compensation claim, please call us and we can help.

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