Will I have to go to court?
Most cases settle, but if a trial is necessary in your case, your attorney will prepare you so you know what to expect.
Workers’ compensation is supposed to be a no-fault, insurance-based claims process for getting medical care and wage replacement to deal with an injury or illness that happened at work. Unfortunately, employers and their insurance companies don’t always like paying claims, and they might argue over the nature of your injury, including how it happened, whether it was work-related, what sort of treatment you need, and how long your disability lasts.
If your case is disputed, it might be necessary to take your case before a workers’ compensation judge. Your attorney will make sure you are well-prepared if your case goes to trial so you know what to expect.
Deposition
A deposition is where the insurance company’s lawyer asks you questions under oath regarding the facts of the accident and your resulting injury. The deposition doesn’t happen in a courtroom; usually it takes place in a lawyer’s office or a court reporter’s office. A court reporter will be there to make a record of the deposition, but there won’t be any judge present. Your lawyer will be with you to make sure you are treated fairly and to object to any improper questioning. You can expect questions about how the accident happened, what injuries you sustained, what treatment you have been receiving, your prognosis, and how the injury has affected your life. The deposition will help both sides better understand the issues in dispute and how strong each side’s case is.
Pretrial Conferences
Before trial, there may be a pretrial conference, a mandatory settlement conference, or mediation. You might attend some of these with your lawyer, or your attorney might attend them on your behalf without you having to be there. These conferences are held for the purpose of settling the case or narrowing down the issues that can’t be resolved without a trial.
Trial
A workers’ compensation hearing takes place before a workers’ compensation judge at the Workers’ Compensation Appeals Board (WCAB). Although similar to a judicial hearing in some ways, a hearing before the WCAB is an administrative hearing with significant differences. First of all, the hearing will take place in a room that resembles a conference room more than a courtroom. The rules of evidence are also less formal at this hearing than a courtroom trial; the judge has more leeway to decide what evidence to allow in and what testimony to hear from witnesses.
Aside from the judge and the court reporter, the other people present with you will be your attorney and the insurance company’s lawyer. There is no jury and no audience. It is likely that you will be asked to testify under oath. You’ll be asked questions by both your attorney and the lawyer representing the insurance company. Your attorney will prepare you well in advance about what kinds of questions you’ll be asked so you’ll be ready to testify.
The most difficult part of the hearing for you might be having to sit around for a long period of time waiting to testify or for the hearing to be over. Your disability might prevent you from sitting for a long time, so you should come prepared with your medications, a pillow or other devices your doctor has prescribed or that can help you be comfortable. Oftentimes, many of the issues in your case can be resolved at a settlement conference and stipulated at trial, so hopefully the hearing itself won’t take too long. Be sure and raise any concerns with your attorney before the hearing so you’ll be well-prepared to get through it smoothly and successfully.
