what to expect from my workers comp lawyer

You should expect your workers comp lawyer to read your medical records in full. The most valuable part of any workers compensation claim is the medical treatment. Money is secondary.

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What should I expect at my workers'comp hearing?

Aug 25, 2014 · You should expect your workers comp lawyer to read your medical records in full. The most valuable part of any workers compensation claim is the medical treatment. Money is secondary. Getting the best possible medical care and recovery is the most important aspect and should be your lawyer’s primary concern.

What questions should I ask before hiring a workers comp attorney?

Jan 14, 2022 · The thought of meeting with a workers’ compensation attorney for the first time can be intimidating. Here’s what you can generally expect. One of the most critical steps you can take after suffering a workplace injury is to speak with an experienced workers’ comp attorney. Working with a seasoned workers’ comp attorney will generally make a big difference in your …

What happens before my Workers'Comp case goes to court?

Although mediation is informal, you may be expected to answer questions, present a general summary of your position, and make and respond to settlement offers. An attorney will take on this role for you and put you on equal footing with the insurance company, which is likely to have its lawyer present.

When should I contact a workers’ comp attorney?

A workers comp' attorney can help develop your case for permanent partial disability by knowing what your medical records need to include and by arranging for vocational experts to testify about your job's requirements or for medical experts to give testimony about your functional restrictions (what you can no longer do).

What happens before a workers comp hearing?

Before your case goes to a hearing with a workers' comp judge, there typically will be other proceedings and court dates. At a minimum, this usually includes mediation and a pretrial conference. During mediation, you and the insurance company (and your lawyer, if you have one) will try to negotiate a settlement with the help of a neutral third party. At a pretrial conference, you may exchange information with the insurance company's lawyers and the judge. You may also continue trying to negotiate a settlement. To learn more, read our article on what happens in workers' comp mediation and settlement conferences.

How long does a workers comp hearing last?

Although you don't have to wear a suit or business attire, your clothing should be neat, clean, and respectful. Most workers' comp hearings last a few hours, although complicated claims may take several days. If the hearing is long, the judge will give you breaks.

How long does it take to get a workers comp decision?

Typically, judges issue decisions within 30 to 90 days. If the judge rules against you, you can appeal that decision.

How to convince a judge that you are entitled to a certain amount of workers comp benefits?

At this hearing, you will need to convince a judge that you're entitled to a certain amount of workers' comp benefits, by making legal arguments and presenting evidence. You should seriously consider hiring an experienced workers' compensation lawyer to represent you at your hearing. A lawyer will make sure that you have ...

What documents do you give to the judge at a hearing?

At the beginning of the hearing, you and the insurance company will give the judge documents (or "exhibits") to review, including: medical records. unpaid medical bills. evidence of your lost wages (such as paystubs from just before your injury) personnel and other employment records.

What documents are needed for a medical malpractice case?

At the beginning of the hearing, you and the insurance company will give the judge documents (or "exhibits") to review, including: 1 medical records 2 unpaid medical bills 3 evidence of your lost wages (such as paystubs from just before your injury) 4 personnel and other employment records 5 depositions and reports by expert witnesses (such as a report from your treating doctor), and 6 documents showing your job search if that's relevant to your case.

How long does it take for a judge to make a decision on workers comp?

You and the insurance company may also have the opportunity to submit a written brief with arguments to support your side of the case. After reviewing all of this information, the judge will write a decision that will be mailed to you, your workers' comp lawyer, and the insurance company. Typically, judges issue decisions within 30 to 90 days.

How to prepare for a workers comp deposition?

Before your deposition, you should review your medical records, accident reports, journal notes, and other relevant records. While you don’t need to have every detail memorized, you should be familiar with the basic timeline of events in your workers' comp case and be prepared to answer typical ...

How to answer insurance questions?

Of course, you should always tell the truth. The insurance company's lawyer will likely try to catch you in any inconsistencies that could make you seem not credible or untrustworthy. This will be harder to do if you stick to the facts and resist the temptation to embellish or exaggerate. Some other tips for answering the questions: 1 Take your time. Wait until the lawyer has finished the question, and give your own attorney time to object if the question isn't appropriate. 2 Keep it simple and answer the specific question. Don't get into long-winded answers, volunteer information, or guess. If you don't understand the question or don't know the answer, say so. 3 Making eye contact with the questioner helps you seem more credible. If you're participating over video conference, be sure to look directly into your device's camera. 4 Stay calm and polite. If you find yourself getting upset, you can ask for a break to regroup.

What is a deposition in workers comp?

A deposition is a legal procedure for asking you questions and having you answer under oath. Although it's not a trial, the written record of your answers will be considered as evidence if your workers' comp case goes to a hearing.

What to do if you are called to a deposition?

If you've been called to a deposition, you should consider hiring a workers' comp lawyer. An experienced attorney will know the rules and can help you prepare for the deposition, tell you which questions you don't have to answer, and ask follow-up questions designed to clear up any potential misunderstandings that could hurt your case. ...

Can insurance companies take depositions?

In most cases, the insurance company can only take your deposition once. However, if you make a new claim (for example, that you also suffered psychological injuries), the insurance company may get a second opportunity to question you.

What happens if your lawyer decides that the insurance company will not offer a fair workers compensation settlement?

At some point after your lawyer determines that the insurance company will not offer a fair workers compensation settlement, your lawyer will ask for a trial before a workers’ compensation judge. Prior to the trial, there is a settlement conference. At the settlement conference, a workers’ compensation judge will meet with your attorney and the claims administrator in an attempt to resolve the case.

Is there a jury in a workers comp trial?

In a workers’ compensation trial, there is no jury. The judge is an “administrative law judge” whose job is to decide disputed issues in workers’ compensation cases. The case is heard in a conference room rather than a courtroom. The hearing is less formal than trials that occur in courtrooms before civil judges, but there are still rules of evidence and procedure that must be followed.

Can a worker's compensation claim be settled without a hearing?

Most workers’ compensation cases settle without a hearing before a judge. Routine benefits, like medical treatment and temporary disability benefits that are paid until an injured worker returns to work, are sometimes uncontested. A workers’ compensation lawyer can generally negotiate a fair settlement of a workers’ compensation claim without the need for a formal hearing.

What is workers compensation mediation?

Unlike litigation, workers’ compensation mediation helps parties finalize their case faster, at a lower cost, and in a private manner. By contrast, resolving your case in court can be a time-consuming and costly process, not to mention that your case will become public records.

Can you settle a workers comp case if you have a mediation hearing?

However, it may still be possible to settle your workers’ comp case even if your case proceeds to trial.

What are the benefits of workers compensation in California?

In California, workers’ compensation provides five basic benefits: medical care, temporary disability, permanent disability, supplemental job displacement, and death benefits. After reviewing the details of your case, your attorney will be able to tell you exactly which benefits you’re entitled to.

Do you have to settle a workers comp case before trial?

However, if your claim is denied or your employer refuses to provide the benefits to which you’re entitled, it’s more likely that you’ll have a hearing.