What happens in a Workers’ Compensation Hearing?

For many employees or workers, the workers’ compensation hearing is the first experience of the legal system. It can make you anxious, to say the least. You may not be sure of what you need to do and how. This is why it makes sense to have an experienced workers’ compensation attorney by your side. The workers’ comp lawyer can help you understand the law as well as your rights.

Where is the hearing held?

Workers’ compensation hearings are typically held at the ICA or Industrial Commission of Arizona, in Phoenix or Tucson. Your workers’ compensation lawyer can help you understand where you need to go. S/he will also answer any questions you may have regarding your hearing.

Who will be present at the hearing?

The workers’ compensation attorney will accompany you to your claim hearing, as would any requested witnesses. The insurer’s attorney will be present along with any witnesses necessary to their side of the case. The judge and the court reporter will also be present.

Does the employee have to take an oath?

Yes, the worker or the employee has to take an oath. The judge will administer the same oath as in trials across the country.

How should I give my testimony?

After the oath, your workers’ compensation lawyer will take your direct testimony. This may include asking you questions about the nature of your injuries and the manner in which you were injured. You will be asked questions about your treatment, current condition and ability to work. You may have to share relevant personal information about yourself.

Once your attorney has finished this questioning or direct examination, the insurance company attorney will cross-examine you. S/he may ask you questions hoping to catch any falsehood or exaggerations. If there are any witnesses, both attorneys will ask them questions about your case.

Once the testimonies have been taken, the judge will conclude the hearing. If a decision has not been made by the end of day, a further hearing will be scheduled. That hearing may involve taking the testimony of your doctor and the insurance company doctor. Both your lawyer and the defense’s lawyer will ask them questions about your injury, treatment and your recovery. Once the judge has heard everybody’s testimonies, the evidence will be reviewed and a decision will be made. A written decision will be issued and a copy will be sent to both your attorney and the employer’s or insurance company’s attorney.

To consult the best Phoenix workers compensation attorney, call Arizona Injury Law Group at 602-346-9009. Arizona Injury Law Group PLLC offers workers’ compensation attorneys who help injured workers seek benefits and justice and a voice standing up for you!

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azworkcomp Joined: June 24th, 2018