If your workers’ compensation claim has been denied, you will need to file an appeal. Your workers’ compensation attorney will help you get your claim on track and will help you through the appeals process. If your attorney cannot reach an agreement with the workers’ compensation claim, you will have a hearing. Your workers’ compensation attorney will help you prepare for the hearing, but you need to know what to expect when you go to your hearing. This formal hearing will be your only opportunity to present the details of your case before a judge and show why you deserve workers’ compensation benefits. The Hearing Process You need to understand the hearing process, how it works and what to expect. Prior to the hearing before the judge, you will usually have other court dates with different proceedings. This usually includes a pretrial conference and mediation while attempting to settle the case. During a pretrial conference, your attorney will exchange information with the insurer’s lawyers and the judge. Settlement negotiations will continue at this phase in most cases. When you go to the hearing, you will present the case to a judge. You should dress in a presentable manner, wearing clothing that is respectful, clean and neat. The hearing could last a few hours, or it might continue for several days if your claim is complicated. The judge will allow breaks as necessary, especially in hearings that are lengthy and that last several days. Appearing at the Hearing When you arrive at the hearing, bring your medications or other items you might need for your injury, such as a heating pad. Your lawyer might provide you with specific instructions regarding what you should bring along. At the hearing, you and your attorney, the insurance company’s attorney, and the workers’ compensation judge will be in attendance. Sometimes a court reporter, witnesses, an insurance company representative, and a representative of your employer might attend. The judge will be given documents to review, including medical records, unpaid medical bills, personnel records, evidence of missed work and lost wages, documents that show any job search if it is relevant, depositions from expert witnesses, and other evidence as applicable. Consult With a Workers’ Compensation Lawyer If you have suffered a work-related injury, you should consult with a workers’ compensation attorney. Workers’ compensation claims can be challenging, so make sure you have representation that can aggressively pursue your claim. With an attorney representing you, your odds of a successful claim increase significantly. If your claim is denied and an appeal must be filed, you will need an attorney to help you prepare for the appeal hearing before the judge. Complete the Free Case Evaluation Form on this page to have your details shared with an attorney licensed in your state. This attorney will review your case and determine the best way to proceed with your claim. A statute of limitations applies, so make sure you get your came on track during a timely manner. Additional Resources How Should I Prepare For a Workers' Compensation Deposition? How to Prepare for a Workers' Comp Trial
