If you’ve been injured while at work, but you were denied workers’ compensation, you have the right to appeal the decision. You may be lucky and negotiate a suitable solution without having to go to court. If this can’t be achieved you may have to present your case at a formal hearing where a judge will make the decision. Typically, a formal workers’ comp. hearing is your chance to put forward your case indicating in front of a judge your entitlement to workers’ comp. benefits. For most people court hearings are intimidating, as evidence has to be presented and legal arguments need to be won. It’s a good idea to get a workers’ comp. attorney to present your workers’ comp. deposition on your behalf. The Process Before Your Workers’ Comp. Hearing Before your WC’s case is presented at a hearing with a workers’ compensation judge, there are other events that take place first. This usually includes both mediation and a pre-trial conference. At mediation, you, the insurance adjuster and your attorney will attempt to negotiate a suitable settlement using the help of a third party. At the pre-trial conference you may share information with the attorneys of the insurance company and the judge. You need to attend mediation but your attorney can attend the pre trial hearing without your presence. When the hearing date is getting closer you need to organize your evidence. This could include doctor’s reports, medical records and any unpaid bills for medical treatment. You will need to practice what you intend to say with your attorney before the date of the hearing. The Workers’ Compensation Hearing At the hearing, you are given the chance to present your case to a judge. This has to be well prepared for the judge to be convinced that you are entitled to workers’ comp. There will be other people attending the hearing too such as: Your WC lawyer; Your witnesses; Your employer’s representative; The insurer’s attorney; The insurance company’s representative; The workers’ comp. judge. Apart from providing your medical information you will normally testify at the hearing under oath. You may need to include details about the accident such as: How the injury happened; The limitations that the injury puts on your life; Your training, education and normal job duties; The attempts you have made to return to work. Both your attorney and your employer’s attorney may question you. Most states have clear rules about anything the judge can be given by you. For example, you must tell the attorney for the insurance company what records you intend to submit and provide copies to the attorney well before the commencement of the hearing. Why You May Need an Attorney Preparing a workers’ comp. deposition is a tiring and time consuming process, so it is always a good idea to get a workers’ comp. attorney to provide advice and help you through this process. Additional Resources Workers' Compensation Denial By State How Long Do I Have to Appeal a Decision By a Judge?
