Why Is My Workers’ Comp Case Going to Trial?

Video why is my workers' comp case going to trial

The purpose of the workers’ compensation system is to provide injured workers with prompt medical care and replacement income. However, receiving a denial letter can be frustrating for employees, leaving them wondering about their next steps. If you find yourself in this situation, you have the right to contest the denial. Although the idea of a trial might be stressful, it is essential to understand the likelihood of your workers’ compensation case actually going to trial. In this article, our workers’ compensation attorneys will explain the factors involved.

Understanding the Likelihood of a Workers’ Compensation Case Going to Trial

In reality, only a small percentage of workers’ compensation cases end up going to trial. In most instances, the insurance company accepts the claim or voluntarily settles before the trial date. Even if the court schedules a hearing, the parties involved often reach a settlement agreement before the trial commences.

Why Do Only a Small Percentage of Cases Go to Trial?

In workers’ compensation claims, the injured worker is not required to prove negligence on the part of the employer or anyone else. This distinguishes workers’ compensation claims from civil personal injury claims. With no question of fault, there is less likelihood of a contested issue in a workers’ claim compared to other personal injury cases.

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However, the worker must still provide evidence that their injuries resulted from their employment, which can lead to disputes. The insurance company may challenge whether the injury occurred at work or if the person can continue working. Disagreements may also arise regarding the necessary medical benefits or the insurance company’s liability for the benefits due to procedural reasons.

Fortunately, most of these disputes can be resolved without going to trial. An injured worker can gather the information necessary to build a compelling case, including factual and medical evidence that proves their injuries and entitlement to benefits. Armed with this compelling evidence, the insurance company often agrees to pay benefits voluntarily.

Reasons Your Workers’ Compensation Case Might Go to Trial

Nevertheless, there are scenarios where your workers’ compensation case may indeed go to trial. This usually occurs when the insurance company disputes your right to benefits. If your case is headed for trial, it’s important to ask yourself the following questions:

  • Did you report the injury within 90 days of the accident? (Two years in the case of death)
  • Did you file Form 50 or Form 52 if the employer did not report your accident?
  • Do you have proof that your medical treatment is necessary to alleviate your disability?
  • Have you received treatment from the doctors chosen by your employer or your insurance? Are you following your treatment plan?
  • Is your income compensation rate correctly calculated? Do you have evidence of your average weekly wage? If you had multiple jobs, do you have proof of income for each job?
  • Have you been released to light duty? If you cannot comply, do you have medical evidence proving that you cannot work?
  • Is your impairment rating accurate? Can you provide evidence of the compensation amount you are entitled to?
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To increase your chances of success at your workers’ compensation hearing, it is crucial to identify the issues the insurance company is contesting. Gather the necessary evidence to build your case and prove the compensation you deserve.

Understanding Workers’ Compensation Trials

A workers’ compensation trial is a hearing where a neutral third party determines your eligibility for compensation. If the insurance company denies your benefits, they do not have the final say. You have the right to a trial, and the final decision rests with the Workers’ Compensation Commission.

If your case proceeds to a hearing, it is essential to familiarize yourself with the hearing process. Both sides will have an opportunity to present their evidence, with medical information often playing a significant role. Therefore, it is crucial to have the right evidence and testimony to effectively explain complex medical information to the court. It is vital to come prepared to the trial, ready to present your evidence and argue your case.

The Role of an Attorney in Workers’ Compensation Trials

You have the right to be represented by an attorney during your workers’ compensation hearing. An attorney can assist you in identifying contested issues, gathering evidence, and presenting your case to the Commission. If you need to testify at the hearing, your attorney can help you prepare effectively.

Trust Our Workers’ Compensation Attorneys for Your Trial

If you have suffered a workplace injury, our dedicated workers’ compensation attorneys are here to help. Let us assist you in building a strong case and fighting for your rights. If your case does go to trial, we will stand by your side throughout the entire process. Contact us today for a free consultation and to begin working on your case.

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