If your workers’ compensation benefits are at risk, it can feel as though your entire future is on the line. The vast majority of workers’ compensation claims in Baton Rouge and throughout Louisiana are resolved without the need to ever step foot inside a courtroom. When employees file the proper paperwork and follow the required process, most employees receive the benefits they need.
Unfortunately, not all claims proceed this smoothly. If there is a dispute between you and your employer, or the insurance company representing them, your case may be scheduled for a formal hearing before a workers’ compensation judge. If a hearing is scheduled for your case, it does not mean that you have automatically lost your case. However, it does mean that proper preparation is of critical importance. Ensuring you are properly prepared can mean the difference between obtaining the financial help you need to recover and go back to work, or being denied.
When are Workers’ Compensation Hearings Necessary?
If there are disagreements over elements of your claim, they may include:
- Causation disputes: Your employer or their insurance company may argue that your injuries were not caused by a workplace accident and claim that, as such, you are not entitled to benefits.
- Amount disputes: Your employer or their insurer may dispute the amount of benefits you are seeking, or that you are eligible for disability.
- Medical disputes: Your employer or their insurer may deny you necessary specialist care or surgery.
- Fraud accusations: Your employer may accuse you of fraud, such as stating that you are exaggerating the severity of your injury.
If your issues cannot be resolved through mediation or negotiation, the Office of Workers’ Compensation Administration (OWCA) may schedule a formal hearing.
What Should You Expect at a Workers’ Compensation Hearing?
Workers’ compensation hearings in Louisiana are legal proceedings that are similar to trials but are usually not as formal. Instead of a jury, a workers’ compensation judge presides over the hearing. Both you and your employer will have the opportunity to tell the judge your side of the story and present evidence to support your claim. The evidence presented at workers’ compensation hearings often includes:
- Medical reports
- Workplace accident reports
- Witness testimony
- Expert opinions from vocational experts, doctors, and other professionals
At the hearing, you may also have to testify under oath. You may be asked questions about your employment duties, your injury, how it happened, and how it impacts your ability to work. Although most hearings are resolved in just one day, preparing for yours can take weeks. It takes time to collect the necessary documents, interview witnesses, and prepare a strong legal case. It is also important to work with a Baton Rouge workers’ compensation lawyer who can ensure you are properly prepared.
How Can a Baton Rouge Workers’ Compensation Lawyer Help?
It is always helpful to have legal representation when filing a workers’ compensation claim, but this is especially true if you are preparing for a hearing. An attorney can help in a number of ways, including:
- Filing your claim: A lawyer can help from the very beginning of your case by ensuring that your claim is filed properly and on time with all supporting documentation. This can help you avoid a hearing altogether.
- Filing an appeal: If your claim is denied for any reason, a lawyer can advise you of the appeal process and help you through it.
- Collect strong evidence: An attorney can help you collect evidence such as wage records, medical reports, and witness testimony. They can also refute your employer’s defenses, such as if they claim that you are not as injured as you stated or that they want you back to work prematurely.
- Preparing your testimony: A lawyer can help you prepare for testifying at the hearing. They will advise you of the questions you may be asked and allow you to practice your answers so you feel confident and calm when appearing in front of the judge. A lawyer will also ensure your rights are protected and object to inappropriate questions.
- Negotiate a settlement: It may be possible to negotiate a settlement before a hearing, or even while it is in process. Your lawyer can negotiate with the other side to reach a fair settlement that covers your medical treatment, lost wages, and more.
Our Workers’ Compensation Lawyer in Baton Rouge Can Help You Prepare for a Hearing
At Big River Trial Attorneys, our Baton Rouge workers’ compensation lawyer has the necessary expertise to fight for the benefits you deserve and ensure your rights are upheld. Whether you are just about to file a claim, preparing for a hearing, or filing an appeal, we can help. Call us today at (225) 963-9638 or fill out our online form to request a consultation and to get the legal help you need.
