Once a person who was hurt on the job has decided to fire a claim, what happens? A Workers Compensation Lawyer will file an application in order to obtain mediation of a hearing about the Injury Claims. The client’s employer and/or insurance company must file a response, and while doing so, they may choose to explain why they believe a worker is not entitled to benefits. Medical record may needs to be exchanged between both parties.
Cases are often brought to mediation. This hearing will take place with both parties, or their attorneys, present. They will discuss ways in which to reach a settlement agreement with a worker’s compensation agent. If this process fails due one of the parties not accepting an offer, then the case will be given a trial date.
Claimants must be careful in situations where insurance companies have vocational experts conduct interviews about their education, experiences, skills, and hobbies. The purpose of this “discovery” process is to prepare a testimony that is unfavorable to the injured worker. The goal is to prove that the person can still work.
Trials are held before judges who only deal with workers’ compensation claims. A worker can act as his or her own representative instead of hiring a Workers Compensation Lawyer. However, no one else but an attorney can appear at the trial on behalf of the worker. In fact, the injured party is usually the trial’s main witness. A supervisor or manager may testify about the nature of the claimant’s work, and the company’s safety standards, policies, and education efforts.
Doctors may provide testimony through the deposition process, which takes place in the presence of a court reporter and both of the attorneys. The injured party’s proof may include the testimony of a vocational expert who will describe how the nature and extent of injuries could affect the person’s ability to work in the field of his or her training, education, and other qualifications. Sometimes a hired private investigator may be involved and will be examined. After all evidence and testimony is presented, the judge will make a ruling about the claim status; either denial or approval.