If you’ve lost hope with your employer and the insurance company that was meant to cover you for job-related injuries, it could really be heartbreaking. It is a sign of arrogance on the part of your employer, along with the insurance carrier and their team of lawyers. Do not fret, though! The legal system will be able to provide you with justice once you claim workers’ compensation.
Unfortunately, it can be a long and tedious process, with many negotiations and meetings to settle the issue. No worries if you can’t settle it. A judge will intervene, and a formal decision will be reached at a hearing, concluding the case.
It is advisable to remain fully prepared for presenting your statements and convincing the judge in your favor, therefore. It makes sense to understand the rules, regulations, and process before you appear in court for the hearing. It is also important to understand workers’ compensation laws. Let’s talk about the facts.
Work With a Workers’ Compensation Lawyer
It is often difficult, and sometimes impossible, to handle the entire workers’ compensation process on your own. Getting in touch with a qualified lawyer who has both the experience and the expertise for arguing the case on your behalf is mandatory. An experienced workers’ compensation attorney will be able to check the facts, collect the evidence, and present the case properly to the judge, thereby brightening your chances of receiving the benefits considerably.
Pre-Trial
There are bound to be umpteen hearings to attend on different dates before the final workers’ compensation hearing. You may be scheduled to meet with the insurance company’s lawyers, along with a third-party mediator, to settle the matter out of court.
Attending every single meeting or pretrial procedure may not be feasible for you, especially when you have to work for a living. Your lawyer will be able to represent you at these meetings and attempt to get you the required benefits for a work injury.
The Attendees
Several people may be present at the hearing. A court hearing held to decide the veracity of your claim for being hurt on the job must be attended by the following. The hearing cannot proceed if any one of the following parties is not present.
- The Judge
- You & your legal representative
- The attorney representing the insurance company
Evidence
Every document pertaining to the case is handed over to the judge just before the hearing begins. Both parties may present documents that support their version. You may have to submit the following:
- All the medical records after being hospitalized post the injury
- Pay stubs as evidence of lost wages
- All pending medical bills
- Employment records
- Depositions provided by the eyewitnesses
However, you would need to share details of the documents you would be submitting to the insurance company lawyer.
Workers’ Comp Hearing Process
Sure, you will be questioned by the lawyers and the judge at the hearing. Remember to be on time.
Cross-Examination
You may have to testify about how you got injured on the job. This might include:
- Explanation of the facts that led to the injury
- Discussing the symptoms of the injury and explaining how it restricted you from performing to your potential
- Informing the judge about your normal duty along with stating your education and other skills that made you a valuable employee of the organization
- Revealing details about attempting to rejoin your duty and your inability to do so
However, simply testifying under oath will not be enough. You have to answer a number of questions put forth by your lawyer. You need to answer them truthfully without suppressing the facts. The insurance company’s lawyer may then cross-examine you with additional questions.
Remember that the judge will not only be able to assess the facts from your testimony but will also be able to ascertain your credibility. The best way forward for you is to be polite and truthful rather than deceptive in order to receive the dues that you are entitled to.
GET LEGAL ASSISTANCE
If you want to know more about the workers’ compensation hearing, contact the experienced attorneys at the Law Office of Craig A. Altman.
