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What to Expect at Your Workers' Compensation Court Hearing

This Week on Saturdays with Sam: What to Expect from your Workers’ Compensation Court Hearing This week, Sam talks about what you should expect from your workers’ compensation court hearing. What is it like to be in court for workers’ compensation? After you’re evaluated by a doctor and the expert from the insurance company, the matter gets listed in front of a judge, and that judge will be assigned to you for the remainder of your case (unless, of course, they’re moved). Once you and the insurance company have your medical report, you will enter the judge’s chambers. During these sessions, you and your attorney will discuss the case with the other attorney. Sometimes this process is straightforward and will be resolved quickly. Other times, if the discussion does not seem to be producing results, you can get the judge involved, and the judge will help you reach an agreement. The process is less formal than an open court (the kind you’re used to seeing on TV), and their primary goal is to move the case forward. The “value” of the case is based not only on the treatment you receive but also the extent to which your injury affects your daily activities, both at work and at home. In your workers’ compensation court hearing, the attorneys for the insurance companies typically don’t typically have direct authority to settle on behalf of the company and are instead there to give you an idea of the value where the case may settle. After the initial hearing, they will report to the company, and from there will usually be given the authority to make an offer. From there, it’s your decision. If you accept the offer, the case will be settled, but if you are unhappy with the offer and can’t come to an agreement, you can bring the issue to trial in court. The most important aspect by which all cases are judged is the “percentage of disability” or the extent of your disability. Naturally, the higher the percentage, the higher the value. If you come to a settlement at the end of your workers’ compensation court hearing, a judge of compensation has to approve that resolution on the record, meaning you will have to come into court and indicate both that you understand the nature of the settlement and that you’d like the judge to proceed. At that point, the insurance company has 60 days to make the payment.