How to Prepare for a Workers’ Comp Hearing

Nov 11, 2020 | Workers' Comp

You?ve been hurt at work while performing your job duties but there?s unresolved conflict about your workers’ compensation claim. If the disputes can?t be settled, then the matter is likely headed to a workers’ comp hearing and you need to be prepared.

The number one thing to do to protect your right to compensation for your workplace injury is have experienced workers’ comp counsel. Lugar Injury Law has helped hundreds of clients prevail on their workers’ comp claims and is here to fight for yours. When you?re hurt and off work, you can?t risk trying to handle your compensation claim yourself.

Call us today at (540) 384-0348 or use our online form for a free consultation about your claim.

Preparing for Your Workers’ Comp Hearing

By having legal representation for your workers’ comp claim, you don?t have to worry that you might miss notices for hearings ? or what you need to prevail at those hearings. Those that try to handle their claims alone may not understand the law and procedures of workers’ compensation and could ruin any chance of receiving benefits. When you have counsel, you can focus on healing while we handle your legal claim.

The experienced workers’ comp attorneys at Lugar Law will help you prepare for your hearing and tailor those preparations based on what the hearing is about. For example, the employer may be disputing that your injury is workers’ comp or the kind of benefits you?ve been awarded. Or the employer may be arguing that the benefits you have been receiving should be stopped for some reason.

Besides differences in what the hearings could be about, the Virginia Workers’ Compensation Commission has two kinds of hearings: evidentiary and on-the-record. The evidentiary hearing is like a court hearing where evidence and testimony under oath is taken. The on-the-record hearings are reserved for disputed claims that the Commission determines doesn?t need an evidentiary hearing but can be decided by reviewing submitted documents and written statements. While the on-the-record hearing wouldn?t require your presence, you?ll need to work with us to prepare for it just the same.

Typically, evidentiary hearings are around an hour, but some can run longer. We will give you an estimate of how long we believe it will be so you can plan accordingly. Make sure if you?re attending an evidentiary hearing that you wear business casual clothing and are clean and neat.

Here?s what is needed to prepare of hearings:

All evidence in your possession. This includes everything you want to submit such as medical records, receipts, reports, pictures, emails, texts, and videos
Completed discovery. Often, we will send to the other parties? requests for admissions, interrogatories, and document requests. These, along with any deposition testimony, may be used in the hearing as well.
Medical records. These will be obtained as will any medical prognosis reports and provider statements. Under the rules we must submit a Medical Records Designation at hearing.
Witness statements. We?ll decide after reviewing witness statements if we want any to testify at the hearing and whether subpoena?s will be necessary.
Pre-Hearing Statement

. Sometimes a pre-hearing statement is required to be submitted seven days prior to the hearing. Failure to submit it if ordered to do so would doom your claim and that?s another reason you need counsel.

Testimony prep. We?ll help prepare you for what to expect during your testimony, including the type of questions you may get from your employer?s counsel.
Review claims. In the time between filing and hearing, you may have additional claims arise. We?ll make sure everything has been documented.

With Lugar Law as your workers’ comp lawyers, you?ll never have to worry about figuring out where to show up for your hearing. We will carefully go over that with you, so you understand where and when to attend your hearing.

Some of the locations in Southwest Virginia where your workers’ comp hearing* could be held, include:

Bristol
Grundy
Lexington
Galax
Lexington
Martinsville
Roanoke
Staunton

*In-person hearings were suspended in April 2020 because of the pandemic and are being held by video until further notice. We will make sure you understand how to appear by that method.

Let Lugar Law Help You Prepare for Your Worker?s Comp Hearing

Workers’ compensation law is complicated and has many rules that must be followed. Failure to do so could result in your losing your right to benefits. Don?t try to handle a workers’ comp hearing on your own. Let the experienced Roanoke work injury lawyers at Lugar Law help. With us doing the heavy lifting on your legal claims, you can focus on getting better.