Do I have to attend a medical examination for my work accident claim?

Almost every personal injury claim in England and Wales requires an independent medical report. It is the single most important document in most work accident cases — the evidence that tells the insurer, and ultimately the court, what the injury actually is, how it has affected you, and how it is likely to affect you in future. Without it, a claim cannot be properly valued and, in practice, cannot be settled at a fair figure.

Why the medical report matters

The compensation figure in a personal injury claim is not just a number picked from a table. It is a considered assessment of the harm the accident has caused you, split between general damages (pain, suffering and loss of amenity) and financial losses (past and future). Every part of that assessment leans on the medical evidence:

• The diagnosis decides which category of injury applies.
• The prognosis — how long symptoms are expected to last, and whether recovery is likely to be full — largely determines the value of general damages.
• The causation opinion links the injury to the accident, which is what makes it recoverable at all.
• The treatment recommendations support claims for rehabilitation, physiotherapy, adaptations and future care.

The insurer will not settle a claim on your word alone, and neither will a court. Independent medical evidence in a work accident claim is what moves the case from allegation to established fact.

The expert's role under Part 35

Medical experts in civil claims operate under Part 35 of the Civil Procedure Rules. The rule is short but important: the expert's duty is to the court, not to the party who instructs them. That duty overrides any obligation the expert owes to the solicitor, insurer or claimant.

In practice that means:

• The expert must give an independent, objective opinion based on the clinical evidence.
• They must state clearly the facts and assumptions on which their opinion is based.
• They must acknowledge points that go against their conclusions, not just those that support them.
• They must sign a formal declaration that they understand and have complied with the Part 35 duty.

This is why a medical report has weight. It is not simply your side's version of events — it is an independent professional opinion prepared under a duty owed to the court.

Consent — what you are agreeing to

Before the examination goes ahead, you are asked to consent to two related things:

1. The examination itself. The expert will need to see you in person (or, in some cases, by video, though physical examinations remain the norm for orthopaedic and similar injuries).
2. The disclosure of relevant medical records. The expert will typically request your GP records, hospital notes and any imaging relevant to the injury, so they can compare your position before and after the accident.

Consent to disclosure of records is a normal part of the process, not a fishing expedition. It allows the expert to distinguish the effect of the accident from anything that predated it — which, honestly done, often supports your claim rather than undermines it.

What happens on the day

The examination is usually an hour or so with a consultant in the relevant specialism — an orthopaedic surgeon for a musculoskeletal injury, a neurologist for a head injury, a psychiatrist or psychologist for a mental health claim. The expert will:

• Take a history of the accident from you in your own words.
• Ask about your symptoms, treatment received and current limitations.
• Carry out a physical examination where appropriate.
• Review your medical records and any imaging.

You then receive the draft report through your solicitor and have the chance to check it for factual accuracy — dates, job description, mechanism of the accident, and so on — before it is finalised.

If you disagree with the report

The report is central evidence, but it is not the last word. If something in it looks wrong or incomplete, there are established routes:

• Clarification questions. Your solicitor can send written questions to the expert under Part 35, and the expert must answer them.
• Further opinions. In more complex injuries, a second report from a different specialism (for example, a pain consultant on top of an orthopaedic report) is often obtained.
• Challenging the defendant's expert. If the defendant instructs their own expert and the two disagree, the court can direct a joint discussion between them to narrow the issues, or ultimately decide the point at trial.

None of this happens quickly, and it is one of the reasons a well-evidenced claim takes time. But it means you are not stuck with a single report you disagree with.

Why unreasonable refusal is a bad idea

You are not being forced to attend a medical examination — you consent to it. But the flip side is that refusing to be examined, without a good reason, is almost always damaging to a claim.

• The insurer will refuse to negotiate on value without one.
• If proceedings are issued, the court can order the claim to be stayed or, in extreme cases, struck out.
• Even before that stage, unreasonable delay adds months and undermines your credibility.

If you have a genuine reason for postponing — for example, ongoing acute treatment or a bereavement — that is not the same as refusal, and your solicitor can explain the position to the other side. Simple reluctance to attend, however, will cause real problems for the claim.

Fitting the report into the wider case

The medical report normally comes early in the life of the claim — after liability has been investigated but before serious settlement negotiations begin. Its conclusions on prognosis feed directly into the Schedule of Loss (your financial claim) and heavily influence when it is sensible to negotiate and when it is better to wait. That is why the timing of the report matters as much as its content, and why decisions like whether to accept an early offer should not be taken until the medical picture is stable.

For a fuller picture of where the medical examination fits into the process, see how a work accident claim works.