Workers’ Compensation

Workers’ compensation cases are controlled by the Workers’ Compensation Act, which provides for certain benefits to workers that are injured on the job [or have an occupational disease], regardless of fault, regardless of the prior condition of the employee.

Basic benefits* to which an injured Employee is entitled are:

• Compensation [indemnity] to the disabled worker
• Reasonable, necessary and related hospital, surgical and medical expenses
• In case of death, death benefits and burial expenses.

*There is NO recovery for any type of pain and suffering as a result of the work injury; other potential rights might accrue.

Usually, the following occurs:

1. petition is filed;
2. answer is filed to the petition;
3. your case is assigned to a specific workers’ compensation judge;
4. an initial/first hearing is scheduled before a workers’ compensation judge;
5. we will contact you to prepare you for the upcoming hearing;
6. medical testimony is held at a convenient time.

Usually, you, the Claimant, will testify under oath, in the presence of a court reporter, as to the circumstances surrounding your injury. Your attorney will question you first (direct examination); then, the attorney for the Employer/insurance company will have the opportunity to question you as well (cross-examination).

Usually, yes, there is more than one hearing held in your case. Generally, witnesses, if there are any, may be called by either side to testify. They may testify at a hearing or via a scheduled deposition. Unless otherwise advised by our office, you should attend all hearings. These hearings are scheduled by the Judge and pursuant to the Judge’s calendar; generally, we have no control over the scheduling process.

Yes, the testimony of any physician(s) is required to prove a causal link between your injury and work This testimony is usually presented via medical depositions (outside the hearing room) and at the convenience of counsel. Typically, only counsel attend such depositions.

You should note that the Defendant/employer is entitled to have you examined by a physician of their own choosing; typically, every 6 months. This will be discussed with you in more specifics if warranted.

After all of the evidence is presented, the case is closed and the Judge issues a “briefing schedule”, advising each party to submit his/her factual and legal statement of the law. Then, the Judge to whom your case has been assigned will issue a written decision; it is mailed to you and to our office. The length of time for the decision to be processed depends on the Judge.

This will be discussed with you as needed. However, if the Judge commits an error of law, an Appeal can be filed to the Workers’ Compensation Appeal Board. However, the Judge is the final finder of fact and credibility of witnesses; and these issues cannot be overturned on Appeal.

Do the following:

1. Treat with your doctors as needed;
2. Keep copies of your medical, hospital and prescription bills. Send them to our office on a regular basis;
3. Keep a pay log for any bills you pay out-of-pocket;
4. Keep an accurate record of how many days you have missed work as a result of your injury;
5. Keep us advised of any change of address or telephone number;
6. Feel free to contact our Paralegal (Debi) or Legal Assistant (Leslie) about any problem with or question about your case. They will attempt to help you; if not, the question will be referred to the attorney for further handling.

Do NOT do the following:

1. Discuss your case with anyone except with members of our office;
2. Become frustrated or concerned when you do not hear from us all the time;
3. Become frustrated if you think the legal system is taking too much time.

Remember: Our main objective is to obtain for you all the benefits to which you are entitled under the applicable law. We understand that this process is probably new to you, and going through it along with treating for your injury is a stressful process. Therefore, please be assured that we are working on your behalf to obtain the best result for your condition, and should you have any questions or fears regarding the process, do not hesitate to contact us.