You can expect to be asked questions about your: ● Previous jobs, including wage or salary amounts and hours worked. Even though you may be able to find this information by doing some online homework, it's still a good idea to ask about the length of time the lawyer has been practicing her/his craft. I also provide sample questions that satisfy the rules of evidence and help you win. Workers' Compensation Hearing Questions. When did you report the incident to your employer? What was the result of each application? Fears of whopping out-of-pocket expenses are a key reason many people fail even to explore the benefits of legal representation.
There are many conditions that can be considered an "injury, " even if they do not result from an actual accident. After all the evidence in your case is presented, the Judge will write a decision. What questions are asked at a workers' comp hearing live. To receive benefits, you need to appeal the decision, which means you have to spend time negotiating with your employer and perhaps even attend a workers' compensation hearing. If your case has gone to a hearing, it is because your initial claim has been denied, and you need to file an appeal. This decision is usually issued between 30-90 days after your hearing. Worker's compensation law can change, making the process more complex.
Should I quit my job? In addition, witnesses may be present, which may include physicians, co-workers, and supervisors. Be prepared to testify about past jobs including amounts paid. You may be asked to testify in the case, or you may not need to do so. Ask, too, about how much experience the lawyer has in negotiating workers comp settlements, how (s)he knows when the offer is at its maximum, and whether (s)he can explain the benefits of a lump sum, structured, or compromise-and-release payment. Thinking about testimony ahead of time will alleviate stress and potentially expose weakness in the case. Medical questions are common in all workers' compensation hearings. If you did an internet search for workers' compensation attorneys in Pennsylvania, your search probably yielded many results. The insurance company lawyer will then have the opportunity to ask you questions on cross-examination. Questions Asked at a Workers' Comp Hearing. Most disputed workers' comp cases are settled because the risk of losing everything at trial is a real possibility. Getting hurt on-the-job is not enough to prove entitlement to lost wages.
Watch out for cross examination that picks holes in job search efforts based upon education and training. Now that you have found an attorney you like and can work with, you want to continue asking important questions. You Want Your Workplace Accident Classified As "Catastrophic". After introducing yourself and establishing the background to your workplace accident, you should turn to the accident itself and your injuries and medical treatment. Some of the questions may include: - Questions about the incident. What questions are asked at a workers' comp hearing clinic. Introducing You to the Court. After all, you need a positive outcome to the hearing to compensate for your medical expenses, and lost wages. Questions about your doctor's or treatment plan. All these questions are used to calculate weekly compensation rates so honesty and accuracy is needed during this line of questioning. How did the employer respond to your notice? I have also won claims for clients who injured the same body part in the past, such as a prior head injury (but now post-concussion syndrome) or torn rotator cuff.
It's important to know your rights in appeals. Types of Questions Asked at Workers Comp Hearings. Sadly, this is not the case for everyone. Workers compensation claim denials are common because they often lack the key information necessary to ensure benefits are given. A lawyer may be an excellent lawyer but may not have much experience in the workers' compensation field. Table of Contents: If you've been injured in a work-related accident, or a cumulative trauma that you have suffered over time has begun to interfere with your ability to work, it can be a confusing and frustrating time. If the returned decision is not in your favor, you have the option to appeal that decision. You will need to testify about your date of hire, any preexisting medical conditions, required physical examinations prior to your start date, description of the job and duties you perform, hours worked, and your salary. Although your attorney will probably have almost everything you need, you should always keep copies of every document relevant to your case. Only speak when spoken to. What questions are asked at a workers' comp heating system. Evidence-based questions. You want the ALJ to see you as a valuable employee who is worth every penny you are seeking. For a free legal consultation, call (404) 888-8888. Or if you are making a delivery for your company, and you slip and fall on a wet floor in another building, you could sue the owners of that building.
For example, I have helped injured employees with conditions such as arthritis (of the knee, hand, ankle, or shoulder) or degenerative disc disease of the spine ( back or neck) win at hearing – even when they had surgery before. When you partner with our team, we can provide more information about applying for workers' compensation. Be as specific and as detailed as you can. Do you have any licenses or certifications? Did you go to college and, if so, what degree did you earn? You should prepare for questions about where you went to high school, college, or trade school.
Meeting your burden of proof (preponderance of the evidence in most cases; clear and convincing evidence in some occupational disease claims; and, a rebuttable presumption in heart and lung disease cases). Common questions about the injury include: - What body parts were injured? You can receive workers comp benefits even if you have a preexisting condition. You obviously want to find a lawyer who's had success in dealing with workers' compensation claims. How much time did you spend looking for work each week? Take heed: If you're not working directly with the consulting attorney, it'll be someone you haven't met, who isn't in the room, and who gets your story secondhand. You will also be asked about your course of treatment, as well as about your current condition and ability to work. Paystubs from before the reported injury. Your worker's compensation lawyer can provide additional tips for your hearing preparations.
Our law firm has represented injured and disabled workers exclusively for more than 35 years. If your claim involves exposure to hazardous chemicals and the lawyer you're consulting has specialized in broken bones, you might not be a good fit. What you need is a workers' compensation lawyer. Regardless of the circumstances under which you testify — live in front of the Judge, by video before the Judge, by deposition in your lawyer's office, or by deposition on the phone — the format will be similar. Yes, you will be asked to take an oath. Since you will be giving testimony and explaining your side of the case, you want to make sure you are prepared. Work-Related Impairment. What physically happened to each of the injured body parts? This usually happens when both sides are too far apart when it comes to money.