How To Prepare for a Workers’ Compensation Hearing

Workers’ comp hearings can determine whether your injury is work-related and the extent of the injury. It can also determine the amount of workers’ comp benefits you receive. If you get notice of a workers’ comp hearing date, it’s best to prepare in advance.

Workers’ compensation laws differ in every state. There may be different deadlines for reporting a workplace accident, requesting a hearing, or filing an appeal. Talk to an experienced workers’ comp lawyer for help preparing for your workers’ comp hearing.

What To Bring to the Workers’ Comp Hearing

The state board will schedule a workers’ compensation hearing when there’s a dispute over your eligibility for benefits. When there’s a dispute, most workers’ comp cases settle before going to court. However, more complex workplace injury cases can have a hearing where a workers’ compensation judge will decide the outcome.

Dress professionally to show the workers’ comp board you’re taking the case seriously. Make sure you’re on time. Before you arrive, consider parking, security, and finding the hearing room. Speak calmly and clearly and call the judge by their title or “your honor” to show respect.

If you don’t have a workers’ comp attorney, have copies of all medical records and medical bills related to your injury. If you do have a workers’ compensation attorney, they’ll usually gather all the evidence for your case.

Workers’ comp hearings tend to last a few hours. You may not have to prepare for a whole day away. However, complex worker’s compensation claim hearings can take days. Be ready for a long day. You may want to pack something to eat and bring any medications you may need. Your lawyer can give you an idea of how long the hearing may last.

How the Workers’ Comp Process Works

The injured worker and the workers’ compensation insurance carrier will each present their side to the judge. Your lawyer will present evidence using accident reports, medical evidence, and witness testimony. You’ll get the chance to question witnesses and make legal arguments. The insurance company and their lawyer can also make statements and ask questions.

Gathering Evidence for Your Hearing

Discovery involves gathering evidence before the hearing to be used in a legal hearing. Evidence is usually written documents and statements. You and the insurance company will present your discovery packets to the judge for review.

Workers’ comp cases usually include evidence of lost wages, medical records, medical expert reports, and employment records. Medical experts can provide an expert report about your injuries. You may have a vocational expert witness prepare a report about your inability to work.

It’s best to start gathering copies of everything you need as soon as you have a hearing date. This can help account for any delays. Documents to bring include:

• Medical treatment records
• Medical bills
• Healthcare provider disability evaluations
• Letters and emails from the insurance company

Providing Testimony at a Workers’ Comp Hearing

Most of the time, the injured party will have to testify at a workers’ comp hearing. You will answer questions from your own workers’ comp attorney if you have one. Then, you’ll answer questions from opposing counsel in a cross-examination. They’ll ask you about how your injury occurred, disabilities, job duties, education, and employment training.

Never guess or speculate if you don’t know the answer to a question. You can say that you don’t know or don’t remember. Prepare what you intend to say to avoid confusion. Be sure to write your work-related injury timeline in detail, including primary care treatment and all referrals. Details will help you know the proper sequence of events when asked. Your workers’ comp lawyer can help you prepare for the hearing. This way, you’ll be familiar with the process.

Responding to the Workers’ Comp Hearing Decision

The judge may not make any decisions at your workers’ comp hearing. The judge can review all exhibits, testimony, and evidence and present a final order within 30 to 90 days. You will get a copy of the written decision. If the judge rules against you or you disagree with their decision, you have the right to file an appeal.

The workers’ compensation appeals process and deadlines vary from state to state. The judge’s order should include information about appeals deadlines. Be sure to follow all instructions. If you have any questions, discuss them with your workers’ compensation lawyer.

Hire a Lawyer for Your Workers’ Compensation Hearing

As long as you know what to expect, you can feel more confident preparing for a workers’ compensation hearing. An experienced lawyer can help you prepare for the hearing to get workers’ compensation benefits. Contact a workers’ comp lawyer for legal advice and to prepare for your hearing.