Do Workers’ Compensation Claims Go to Court?

Workers’ compensation is different from many other types of law. You may not have to appear in a traditional court with a jury or judge for your workers’ comp claim. Your lawyer will first attempt to get you a fair settlement in mediation with your employer’s insurance company. This is the ideal way many cases are settled.   If the insurance company is not willing to give you a fair settlement, the case will go in front of a separate group who only oversee workers’ compensation claims, called the Industrial Commission or Workers’ Compensation Board in many states. This group will hear the case and present a decision. Your lawyer will present your case with witness testimonies and other evidence, probably including a testimony from the doctor that treats you. This process is similar to what you would think of as a more traditional trial in court.   Workers’ compensation laws today were designed so the injured workers do not have to appear in court as you would imagine it.  The main reason workers’ compensation cases do not appear in a traditional court of law is efficiency. Injured workers could wait months or even years for their case to finally appear in front of a traditional judge, which would delay their settlement and monetary compensation tremendously. Since they can not work due to injuries, their family will remain unprovided for. This separate system was established to move workers’ compensation cases along at a steady and efficient pace.   However, just because a workers’ comp case may not appear in a traditional court does not mean you don’t need to hire a lawyer. It is quite the opposite, in fact, since you will need someone knowledgeable and skilled to go head-to-head with the insurance company.  Insurance companies are strategic and will do whatever they can to give you the least compensation possible and a successful lawyer will know how to deal with their tricks.   This is only general information on workers’ compensation that can be applied in most states. It is important to remember that every state holds different laws and every case is different. Always consult with a local attorney for advice on a specific incident.  

Find a Worker’s Comp Lawyer Today

  The Hayes Firm can get you in touch with a local worker’s comp lawyer today. We will find you the best workers’ comp attorney in your area, completely free of charge. Simply describe your situation using the online form to the right of this screen or by calling 1-800-603-6833 and we will review your case as soon as possible.