Going before a judge for a workers’ compensation hearing process in California can be an intimidating prospect. Many injured workers feel lost and overwhelmed when faced with having to go to court. Workers struggle with the claim-filing process when their requests face excessive delays or outright rejection.
When you finally can tell your side of the story and resolve the issues so you can receive the benefits you are entitled to under California’s workers’ compensation laws, it’s important that you go into the hearing process prepared and confident. An experienced attorney helps you prepare thoroughly, which gives you the greatest opportunity to achieve success in your legal proceedings.
Why a Hearing is Necessary
In 2023, 680,152 First Reports of Injury were received by the Workers’ Compensation Information System (WCIS) in California from Trading Partners. The rate because of this was 3.6 per 100 employees.
In most workers’ comp cases, a hearing is required if there is a dispute. Your employer or insurance company may deny your claim, for example, or say that your injury did not occur at work or was not that serious. If you’re facing a denied claim, understanding what you should do about a workers’ compensation claim denial can help you take the right steps early in the process.
In other cases, the disagreement may be about the kind of medical treatment you need or the amount of disability benefits you should be getting. During Workers’ Compensation Appeals Board (WCAB) hearings, both parties receive the opportunity to present evidence as well as testimony before a judge.
Preparing for the Hearing
Preparation is critical. The WCAB sends cases to its local office based on the location of the injury after receiving an application for adjudication of the claim. The parties will be required to exchange information and evidence prior to the hearing date. The hearing process demands the collection of medical records along with professional evaluations and employment documentation, combined with witness statements and additional necessary documents.
During this phase, you need to have an experienced California workers’ compensation attorney who will organize your evidence and prepare your testimony while predicting the tactics that the insurance company’s attorneys may employ at the hearing. The more preparation you have, the better your case will be before the judge. The more preparation you have, the better your case will be before the judge. If you’re unsure what to expect, learning more about choosing a workers’ compensation attorney can help you find the right legal representation for your hearing.
During the Hearing
The hearing is somewhat like a trial, though it is usually less formal. A workers’ compensation judge, instead of a jury, will decide your case. Each party has the right to introduce its evidence and witnesses and perform cross-examination on its opponent. The judge may also ask questions to clarify certain facts or elicit further information.
At the workers’ compensation hearing, staff members discuss whether your injury meets legal criteria for benefits and determine both the benefit amount and type you deserve. Understanding workers’ compensation benefits available to you before your hearing can help you know what to expect from the judge’s decision. The judge will issue a decision after considering the evidence and hearing arguments. The ruling may be given immediately, or it may take weeks before the judge’s decision is mailed to you and the other side.
Possible Outcomes
Hearings can result in several outcomes. Should the judge rule in your favor, they will order your employer to pay medical benefits and may additionally require payment of temporary disability payments along with permanent disability compensation or vocational retraining benefits. The judge can also rule against you and deny your claim or award only partial benefits.
If you or your employer is dissatisfied with the outcome, you can file a petition for reconsideration, which is an appeal from the judge’s decision to a panel of commissioners. If you have quality representation from the start, you stand the greatest chance of not getting caught up in lengthy appeals and of reaching a fair result quickly.
Hire a Workers’ Compensation Lawyer
Kampf, Schiavone & Associates has been fighting for injured workers and their families in the Inland Empire since 1985. Our skilled worker’s compensation attorneys have recovered over $250 million in verdicts and settlements in workers’ compensation, personal injury, and medical malpractice cases.
Kampf, Schiavone & Associates founder W. Roger Kampf is an insurance industry veteran. His unique experience makes him one of the toughest opponents you will ever face. The firm is known for being trial-ready and results-oriented.
FAQs
What Happens at a Workers’ Comp Hearing in California?
During a workers’ comp hearing in California, a judge will hear testimony and evidence from your attorney and the insurance company about your injury. The evidence presented at a workers’ comp hearing could consist of medical records, along with witness statements and professional opinions. The judge can also ask questions before deciding. The hearing is less formal than a trial, but it is an important step in resolving disputes over benefits.
What Should I Not Say at a Workers’ Comp Hearing?
At the hearing, do not overstate your symptoms, minimize your injury, or provide contradictory statements. Do not guess or speculate if you are unsure of an answer. It is always better to be honest and direct. Avoid negative statements about your employer or the insurance company, as this can hurt your credibility. Your legal case gains strength in the eyes of the judge when you stay factual and respectful while maintaining consistency throughout your testimony.
How Long Does a Workers’ Comp Hearing Take?
An average workers’ compensation hearing in California will take a few hours. If the issues are simple and straightforward, the hearing may be concluded in less time. However, if there are several witnesses and/or extensive medical evidence to be considered, the hearing may last longer. In some cases, a series of hearings may be set before a final decision is made. The time frame depends upon the facts and issues in dispute in your claim.
How Long Do Workers’ Comp Cases Take to Settle in California?
Settlement of a workers’ compensation case in California can take anywhere from a few months for a straightforward, uncomplicated case to more than a year for a claim with ongoing medical treatment and/or where the insurer is contesting the benefits. However, an attorney can help avoid delays in the process. Understanding what people should know about workers’ compensation can help you manage expectations about timelines and the settlement process.
Discuss Your Case With California Workers’ Compensation Lawyer
At Kampf, Schiavone & Associates, we understand workers’ compensation cases and can help you if you were injured at work. Before your hearing, it’s crucial to understand the workers’ compensation claim process and what to expect throughout your case. If you were injured, hire a workers’ compensation lawyer today. Contact us to get started.