If your workers’ compensation claim has been denied, there is a possibility that it might have to go to trial, where you will need to defend yourself in court. Workers’ compensation claims that go unresolved will usually go to trial in your respective state. On the day of the hearing, you will be required to present your case to a judge. No jury will be present; you will only need to make your case to the one person. The administrative law judge will evaluate and rule your case.
What Happens at a Hearing?
There are several different components to prepare for when it comes to presenting your workers’ compensation case in trial. You will need to prepare the evidence for your case, which will be shown to the judge and eventually used by them to come to their final decision. You’ll also need to present evidence, which usually means testifying yourself or speaking with witnesses like medical providers.
Getting an Attorney
Taking a workers’ compensation claim on by yourself can be very challenging, so it’s always advisable to get the help and support of a workers’ compensation attorney. Your lawyer will not only be able to help you prepare for the hearing, but is also an expert in this area of the law who can help with presenting your evidence and making your case in front of the judge. Without the right legal help on your side, it can be difficult to make sure that you are adequately prepared for the hearing and there is a bigger risk of losing your claim.
In a workers’ compensation trial, simply stating how the illness or injury has affected your life will not be enough for you to win the claim. You will need to prepare and present fact-based evidence such as your medical records in order for the judge to consider awarding the benefits that you are asking for. In most trials, a formal diagnosis from a doctor will also be required, and the company’s insurance company may ask you to attend a medical appointment with a provider of their choosing. Your doctor can also help to support your claim by providing further information regarding your ability to work and any restrictions that they recommend.
Making Your Demand
In a workers’ compensation claim you will be able to file for damages to pay for any unpaid medical bills that you have incurred, the loss of earnings that may have resulted from your illness or injury, and any other related costs. In some cases, you may be eligible for permanent workers’ compensation disability benefits; how much you will be entitled to is calculated differently depending on the state. Your attorney can help you determine how much you will demand in benefits based on all of these factors.
When a worker’s compensation claim is denied, preparing for trial is almost always inevitable. If your workers’ compensation claim is going in front of a judge, it’s important to be prepared with solid evidence and the help of a good attorney.