Going to Court for a Workers’ Comp Claim
Our attorneys help people through the Memphis workers’ comp hearing process every single day. It’s nothing to be worried about.
But still, you might want to know what to expect and how to prepare. So here’s what you need to know about the process and how our attorneys can help you get the most out of your workers’ comp claim.
Why Have the Hearing?
A lot of times you have a hearing in order for a judge to sign off on something both sides have already agreed on together.
In that situation, your hearing might be extremely low-key. The judge will ask you both if you’ve come to an agreement, and then will make it official.
Other times, the hearing can be more complicated. You may need the court to help when both sides disagree on something. A good Memphis workers’ comp attorney will help you prepare for any questions that might come up and will argue your case for you in front of the judge.
We get into some of the more complicated examples below and what you can expect in those situations.
Where Your Memphis Workers’ Comp Hearing Takes Place
Your workers’ comp hearing will take place in the civil court, alongside many other cases that involve worker’s comp and all sorts of other civil suits. In fact, your judge will likely oversee a lot of different kinds of cases and may be seeing a totally unrelated type of case right after yours.
There likely won’t be many people in attendance. Usually it’s two lawyers – yours and the insurance company’s – and yourself. In fact, the judge usually doesn’t even call in experts. Instead, they might read people’s written statements. For example, a judge might review what the doctors have written about your situation.
Because this takes place in civil court, you’ll want to dress nicely and be respectful. But don’t let the court environment intimidate you. Just trust your lawyer and obey the rules of the court, and you should be fine.
The Hearing Process
In most cases during your hearing, a judge will review the documents you and the other side have presented to the court. They will ask you if the agreement you’ve made with the other side is satisfactory, and you’ll say yes. That’s because most of the time, you’re just making official what you and your attorney have already worked out behind closed doors.
This isn’t an elaborate trial. With workers comp, you don’t always have a lot to prove. As long as you got injured on the job, the other side will owe you certain things.
It doesn’t matter if you caused the accident or not – if it happened at work, you should be entitled to workers’ compensation.
When Your Workers’ Comp Hearing Gets Complicated
In certain specific cases, you might need to deal with a legal disagreement at your hearing. This sometimes comes up when the insurance company doesn’t want to pay for additional medical care.
You also might need a hearing if the insurance company argues it isn’t a workers’ comp case at all. For example, they may say the injury didn’t really happen at work or while you were performing on-the-job duties. In those cases, your attorney will have more to argue. They can help you understand what to expect before you ever get into the room.
You may also have complications if anyone has to reschedule. Date changes and other logistical issues can really slow down the process, because the court is very busy and can take weeks to reschedule.
We recently had a client who unfortunately had to miss their hearing for unavoidable reasons. Even though it wasn’t their fault, it led to a lot more paperwork and made everything take much longer for them. And when you’re injured and need the financial help immediately to cover your medical bills, delays like this can make a real difference.
So always be on time, and never miss a court appearance when you do have a hearing. Don’t give them a reason to keep you waiting for benefits any longer.
Getting a Great Lawyer for Your Memphis Workers’ Comp Hearing
When it comes to your Memphis workers’ comp hearing, your attorney can make all the difference in the outcome of your case.
Our award-winning team has helped hundreds of Memphians get the worker’s compensation benefits they need and deserve – and we can help you, too. We’ll guide you through every step of the process, including the hearing, so you’re never surprised or out of place. You’ll feel cared for and confident as we put you first.
What’s more, we don’t win anything unless you do.
So come in for a free consultation and we can help you get started. Just call us at 901-327- 2100 or fill out the form on this page. We look forward to seeing you!