Workers Comp Hearings What You Need To Know
by: Jodi Ginsberg
The need for a workers comp hearing
Although there are slight differences from state to state where workers compensation laws are concerned, they all have one aspect in common. They were all implemented to provide an injured employee with benefits for lost wages and medical care for an on-the-job injury along with other benefits. Unfortunately, not all workers compensation claims go smoothly without a hitch; often the employer might refute the claim, for example. Or as another example, their insurance company may deny the benefits initially.
When this happens to the claimant, they are faced with the option of either taking the matter to a workers comp hearing, hiring an experienced workers comp attorney, or both. We get questions all the time regarding workers comp hearings and we want to let you know what a workers comp hearing is all about and what to expect.
Filing for a hearing
Obviously, when it comes to filing your claim or filing to have a hearing, there are certain forms or paperwork that have to be filled out and filed. The WC-14 is your first step in the filing process. You must complete and file this form in order to be scheduled with a hearing date. And be patient. It could take weeks to hear from them and receive a date. Again, this is one of the primary reasons that you should consider working with an experienced workers compensation attorney so that you will be treated as fairly as possible and to ensure that all paperwork is filed correctly.
What happens at a workers comp hearing?
A hearing typically becomes necessary in order to resolve the claim and its dispute. The location of the hearing will be determined by your geographical location. If you live in a larger city, the hearing may take place in town. Otherwise you may have a lengthy drive ahead of you. Once this hearing date is set, all concerned parties will receive a written notification so that everyone relative to your hearing is in attendance.
You are allowed to be assisted by a workers compensation attorney and do not have to undergo the hearing on your own (provided you have hired one). Typically, the hearing will be heard by an ALJ or administrative law judge. However, they are deemed as being semi-judicial proceedings and any witnesses will be sworn in as if they were in a regular court of law. Both party’s attorneys have the right to subpoena any witnesses relative to the claim and cross-examine them.
Once this is complete, the ALJ will gather all the evidence and examine it at the hearing. After the hearing is completed he will render his decision as to whether or not you will receive your workers comp benefits.
About The Author: Jodi Ginsberg is a practicing workers’ compensation attorney in Atlanta, GA. She has been practicing law for over 20 years, and her website can be found at http://www.atlantaworkerscompensation.net The author invites you to visit: http://www.atlantaworkerscompensation.net
