Workers' compensation cases usually go to trial if the employer denies the employee's claim or disputes the employees' testimony about the nature and extent of the injuries. The trial may also be necessary if the employer offers a low settlement amount.
In most workers' compensation cases, the employee does not have to prove that the employer was at fault for the accident. The workers' compensation system is designed to be a no-fault system, which means that employees can receive benefits even if they were partially to blame for the accident.
However, there are some exceptions to this rule. If the employer can prove that the employee was intoxicated or under the influence of drugs at the time of the accident, then the employer may not be required to provide benefits.
Most workers' compensation cases are decided by a judge or a workers' compensation board. These cases are usually heard in front of a workers' compensation judge, who is a special type of judge that is trained to handle these types of cases.
In some states, workers' compensation cases may also be heard by a jury. However, this is less common than having the case decided by a judge.
If a workers' compensation case goes to trial, the employee will have to prove that the injuries were caused by the job and that the injuries prevented the employee from working. The employee will also have to show how much money was lost because of the injuries.
The employer will have the opportunity to contest the employee's testimony and will also try to prove that the employee's injuries were not caused by the job or that the injuries were not as severe as the employee claims.
If the employee is successful in proving the case, the judge will order the employer to pay the employee's medical bills and lost wages. The amount of money the employee is entitled to receive will depend on the severity of the injuries and the length of time the employee was unable to work.
In some cases, the judge may also order the employer to pay the employee's attorney's fees. This is not always the case, but it is more likely to happen if the employee was represented by an attorney.
If the employee is not successful in proving the case, the employee will not receive any benefits and will have to pay his or her own medical bills and lost wages.
If this caught your attention, see: Medical Bills
Frequently Asked Questions
What to expect at a workers comp trial?
At a workers' compensation trial, the parties will present their positions on whether the injured worker is eligible for benefits and how much compensation he or she is entitled to. The employer may present witnesses who will testify about the circumstances of the work injury, and the worker may call witnesses to support his or her claim. The judge may then make a decision based on the evidence presented.
How do I get a trial date for a workers comp claim?
In California, there is a mandatory settlement conference - or other specialized hearing - unless the injured worker and employer agree to resolve the case outside of a hearing. You must request a trial date from the hearing officer.
What happens if an injured worker loses at trial in California?
If an injured worker loses at trial in California, he or she may be able to appeal the denial of workers’ compensation benefits.
Will my workers’ compensation case go to trial?
Approximately five percent of workers’ compensation cases go to trial. Workers’ compensation trials are called hearings, and they are typically held in state or federal court.
What evidence is used in a workers’ compensation trial?
The majority of evidence used in a workers’ compensation trial will be witness testimony. This includes the injured worker, medical professionals who treated the injured worker, and company officials. Other pieces of evidence that are often presented include: medical reports, employment records, and photos/video from the workplace.
Sources
- https://www.bentleymore.com/how-to-appeal-workers-compensation-decision/
- https://themindsjournal.com/readersblog/how-does-workers-compensation-work/
- https://www.waxlawfirm.com/santa-clarita-workers-compensation-attorney/appeals-process/
- https://greenvillelegal.com/how-often-do-workers-compensation-cases-go-to-trial/
- https://www.shouselaw.com/ca/blog/how-often-do-workers-comp-cases-go-to-trial/
- https://maguirelawfirm.com/how-often-do-workers-compensation-cases-go-to-trial/
- https://citizenjournal.net/workers-compensation-claim/
- https://www.rubenrendon.com/how-do-i-know-if-i-have-a-workers-compensation-case/
- https://www.wikihow.com/Appeal-a-Denied-Workers%27-Compensation-Claim
- https://www.vcinjurylaw.com/blog/how-to-file-workers-comp-claim
- https://www.fanglawfirm.com/pros-and-cons-of-workers-compensation/
- https://www.cochranlaw.com/accidents-injuries-topics/how-does-appeal-process-work-in-workers-compensation/
- https://www.thebalancemoney.com/types-of-workers-compensation-benefits-4047799
- https://www.gaubertlaw.com/how-do-i-know-if-i-have-a-workers-comp-case/
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