How to Prepare for a Workers Comp Hearing

While the majority of disputed workers’ compensation claims will be settled quickly, others will need to go before a workers’ compensation judge in a formal hearing for them to be resolved. During this hearing, the judge will review all of the evidence and then come to a decision whether to award or deny benefits. Since a workers’ compensation hearing involves certain rules and procedures, being well-prepared is key. 

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Hiring a Lawyer

Unless your claim is regarding a simple issue such as a minor medical dispute, it’s definitely worth seriously considering hiring a lawyer. Workers’ compensation claims will often require a keen understanding of both medical and legal issues, and you will need to review medical records and participate in depositions to build your case for receiving benefits. Since the laws surrounding workers’ compensation have been reformed, this has become a more and more complex process, often involving several experts and a detailed medical analysis. Workers’ compensation lawyers will ensure that you are correctly prepared for the hearing and can help you negotiate with the insurance company. 

Building Your Case

If you decide to take on your case yourself, there are several things that you will need to do in order to ensure that you are prepared for the hearing. You will need to ensure that you have copies of medical records, medical bills and any other documents that will support your claim. In the majority of states, you will be required to take part in a ‘discovery’ process with the insurance company which involves exchanging information and documents. Be sure to read up on the rules in your state regarding sharing and submitting evidence since you may be prohibited from presenting the evidence to the judge if these rules are not followed. 

Medical Evidence

In most cases, you will not be able to win a workers’ compensation claim if you do not have fact-based evidence to show, such as medical records. The judge needs to follow some specific rules when evaluating your claim, for example, you must have a formal medical diagnosis from a doctor in order to be eligible for workers’ compensation benefits, along with medical records and diagnostic studies. Your doctor can also make formal recommendations regarding your claim including any restrictions and ability to work. 

Calculating Damages

During the workers’ comp hearing, you can demand damages to cover payment of your medical bills, loss of wages, and other costs that have incurred as a result of your illness or injury. It’s important to organize any unpaid medical bills and work out how much will be needed to pay them before the hearing, along with making a calculation of any lost wages and other evidence that you will need to support your claim. You should determine how workers’ compensation benefits are calculated in your state to work out how much you will be owed in permanent disability benefits, if applicable. 

Before a workers’ compensation hearing, understanding the process and being as well-prepared as possible is important. It is a wise idea to get the help of an attorney.