What to expect and how to prepare for your workers’ comp hearing
After filing a workers’ compensation claim, the next step in the process is often to meet with an Arizona work injury attorney. During this meeting, you’ll be able to talk about what happened to cause the accident and the medical treatments that you’ve had.
If there is enough evidence to support your claim, then you might not have to go to court. Instead, your attorney might be able to negotiate with your employer’s insurance company to settle your workers’ comp claim.
However, if you do have to go to court, it’s important to know how to prepare and what to expect during your workers’ comp hearing. In this article, we’ll guide you through each step of the court process, answer frequently asked questions, and provide tips to help you feel fully prepared for your day in court.
Preparing for your workers’ comp hearing
There are a few details that need to be worked on before you go to court for your actual hearing, and you may also be required to participate in something called mediation, which we’ll explain below.
Gathering evidence
To prepare for the hearing, your attorney will need to gather evidence to show why you deserve workers’ compensation. Your attorney will likely have a list of the treatments that you might need, as well as a list of the bills that you need to pay each month while you’re out of work and the amount of income you’re missing due to your injury.
Try to get as organized as possible before going to court by creating a folder that includes all of your medical payments and bills, any records from your employer-approved doctor about your injury, documents that you’ve received from your employer, and information about the payments that you need to make each month for your household.
Participating in mediation
Mediation and conferences with your employer or a representative will usually take place before going to court. These meetings are held to see if there’s any way that you can work out an agreement outside of court, which can result in less money being spent on court fees. Mediation could also result in getting the money from your workers’ compensation settlement sooner than if you were to go through court proceedings.
Information will usually be exchanged between each party, such as the insurance representative and your attorney. Your attorney can usually go to these meetings without you being present and then relay the information discussed, which is sometimes beneficial if your injuries prevent you from easily getting out of your home.
What to expect at your worker’s comp hearing
When you arrive at the in-person or virtual hearing with your attorney, you’ll need to be prepared to go before a judge to talk about the incident and your injuries. When you take the stand, you should offer details about how the accident happened, the extent of your injuries, how they impact your ability to work, and the treatments you’ve received. You’ll also want to discuss any communication that you’ve had with your employer and how you’ve been treated since the incident.
You will likely be cross-examined by the employer’s attorney or by the insurance company’s representative as well. Your hearing could last for a few hours, depending on the evidence that needs to be presented and the number of people who need to talk to the judge.
There will usually be a short break at some point during the hearing. Use this time to meet with your attorney to discuss any new details you’ve thought of and the direction the hearing is going. The judge will listen to all of the evidence presented to determine if you should be awarded workers’ compensation benefits.
Keep in mind that it could take up to 90 days before you hear anything from the judge. If your workers’ comp claim is denied, your attorney can file an appeal.
Questions and answers about compensation for a job-related accident, injury or illness in Arizona
FAQs about workers’ comp hearings
How long does a workers’ comp hearing take?
The circumstances for each hearing are different, sometimes requiring a decision to be made over the course of more than one hearing. It could take as little as half an hour or as much as several hours, depending on how many witnesses are necessary. When there are multiple hearings involved, they may spread out over several months because of scheduling and the need for internal communication.
In most cases, you will need to attend all the hearings so that you have the opportunity to question witnesses. The Administrative Law Judge will issue subpoenas to everyone who needs to testify. You may only be excused from a hearing with the judge’s consent, which is a relatively rare situation.
Do I need a lawyer during a workers’ compensation hearing?
You have a right to a lawyer, and this is a right you should take advantage of. An attorney will be able to answer your questions and make sure you know what to expect during the hearing. Your lawyer will also know how to question the witnesses, thus avoiding mistakes during questioning that could impact your case’s outcome.
Although you have a legal right to represent yourself, you can only receive legal advice from an Arizona-licensed attorney. At the Law Offices of Robert E. Wisniewski, our lawyers understand the procedure and know how to avoid mistakes that could cost your case.
One thing worth keeping in mind is that the other side will have attorneys, and you could be at a disadvantage without your own lawyer to help.
Where will my Arizona workers’ compensation hearing take place?
There are many places where an Arizona workers’ compensation hearing might take place. The Industrial Commission of Arizona (ICA) has locations in Phoenix, Tucson, Yuma, Prescott, and Flagstaff. When you use an attorney for your case, they will make sure you know where to appear and what time you need to arrive.
If you change your address while the hearing process is going on, both the Administrative Law Judge and the defendant will require notification. Failure to notify these parties of your change of address could cause your case’s dismissal. A change of address submitted to the post office does not fit the criteria.
Who attends a workers’ comp hearing?
You will usually attend this hearing with your lawyer, a company representative, and the attorney representing your employer. The court will provide a translator if you should require one. A court reporter also attends these hearings to record what takes place for the official record.
If you require an interpreter, the judge will need notification before the hearing. The ICA will hire the interpreter, saving you from having to take this step yourself. All written correspondence will be in English, so you will want to make sure your lawyer understands your native language.
What should I wear to a workers’ comp hearing?
For a workers’ comp hearing, it’s best to dress in business-casual or professional attire to make a positive impression. Aim for clean, conservative clothing, like slacks or a skirt with a button-down shirt or blouse, or a simple dress.
Avoid overly casual items like jeans, shorts, or graphic T-shirts, as well as flashy accessories.
Dressing respectfully shows you’re taking the process seriously, which can help you present yourself in a credible and respectful manner.
Need help preparing for a workers’ comp hearing in Arizona?
Preparing for a workers’ comp hearing can be overwhelming and confusing, but you can significantly increase your chance of recovering the full compensation you deserve by having an experienced Phoenix workers’ compensation attorney by your side.
