Sunday, September 15, 2019

General Procedures in Workers Compensation Cases

General Procedures in Workers Compensation Cases

Workers' compensation cases can be complex, but a standard procedure is followed in almost all cases. Here's what you can expect if you bring a workers' compensation case against your employer.
First hearing
At the first hearing, you may be required to testify about the circumstances surrounding the injury or accident. 
First, you will be questioned by your lawyer, and then you will be questioned by your employer's attorney. 
Prior to the first hearing, your lawyer will probably speak with you to ensure that your testimony is accurate and consistent.
Because of their busy schedules, medical professionals usually provide testimony through depositions, or testimony outside the courtroom. 
Your doctor and your employer's doctor will be questioned through depositions usually within 180 days of the first hearing.
Second and additional hearings
A second hearing is usually conducted after the first hearing, and after the doctors' testimony has been taken. 
During this hearing, your employer will present evidence against you, and must allow your lawyer to question the employer's witnesses, if any. 
Additional hearings may take place if other witnesses come forward or if additional evidence becomes available.
The judge presiding over the case will decide whether to award compensation and mail the written decision to you. The process can take as long as a year or more.
If the judge misinterprets the law, then the case can be appealed to the Workers' Compensation Appeal Board. However, the facts of the case cannot be appealed, because the judge has the final decision on facts.

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