If you have ever watched a law show on television, you may have seen a courtroom trial with witnesses. The lawyers ask questions, and the judge makes rulings. It can be dramatic even if you are watching at home. If you are an injured worker with a workers’ compensation case, you may find yourself in a hearing of your own someday. Luckily, we’re here to help alleviate any stress and reduce the dramatics.
Oftentimes, workers’ compensation cases end in a settlement between the employee and the workers’ compensation insurance company. However, when the parties can’t resolve their dispute, a hearing might be necessary.
You and your attorney will spend some time together preparing for your case. It will involve reviewing the facts, your testimony, and the medical records. Ensuring you have provided your attorney with all the records is essential.
At a workers’ compensation hearing, both sides have the opportunity to present evidence and witnesses. Like a civil trial, workers’ compensation hearings require all parties to be present before a judge and the introduction of evidence in the form of documents and witness testimony. The lawyers will also make legal arguments to the judge.
There will be a few people in the courtroom – you, your lawyer, the employer’s insurance company, their lawyer, and of course, the workers’ compensation judge. Other people may also be there including a court reporter, witnesses who will testify, a representative from your employer, and an insurance company representative.
Most hearings take a few hours, but more complicated cases may take a few days.
The type of evidence presented at a workers’ compensation hearing will vary depending on the specific facts of your case. Evidence typically includes medical records, witness testimony, and expert opinions.
Both sides may give the judge documents to review. These may include:
There will also be live testimony given at the trial. You will usually testify at the hearing. Typically, your testimony will include:
Before you testify, the judge will place you under an oath to tell the truth. Your workers’ compensation lawyer will ask you a series of questions. Then, the insurance company’s lawyer will also have the right to ask you questions. The judge may also have questions for you as well.
In addition to your testimony, other witnesses may be called to testify such as coworkers or others who witnessed your accident, the insurance company’s adjuster, and other experts. Doctors typically provide their testimony at a deposition before the hearing.
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We recovered $825,000 for a Union Laborer who suffered a catastrophic leg injury and depression after being struck by a falling beam that resulted in a below-knee amputation.
We recovered $568,000 for a Site Supervisor of a local construction company with serious foot and psychological injuries after falling from a ladder in a construction accident.
We recovered $498,000 for a Driver/Salesperson with neck, shoulder and knee injuries from two work related accidents.
Please fill out the form on the right, below, so that we can learn more about your worker compensation needs. We will be in touch with you shortly to discuss your matter in more detail.
2001 Market Street, Suite 2600