Important Points of a Workers’ Compensation Hearing; Explained by Our Workers’ Compensation Lawyers in NYC
Workers’ compensation benefits are intended to help workers who suffer a workplace injury or illness cover medical bills, lost wages, and other benefits. Although it is a no-fault system, meaning that you do not need to prove fault for your accident or injury, some WC adjusters may take an adversarial position. This includes claims where an adjuster may question if it is related to the workplace or if an injury was already pre-existing. Even in more serious causes of a permanent and disabling injury, sometimes an adjuster may even question the permanency of your injury or illness. When this happens, you may be required to go to a workers’ compensation hearing in NYC. It is important to hire a workers’ compensation lawyer in NYC to help you through this process.
Here at O’Connor Law, we understand how confusing and overwhelming it may be for you to have to attend a workers’ compensation hearing. We also understand how nervous and anxious you may be too, especially because of the importance of a hearing. That’s why our compassionate and experienced workers’ compensation lawyers in NYC can help you and your family by answering questions you may have before and after a hearing. We’ll help prepare you and explain what to expect, allowing you to feel confident before you go into a hearing room. To learn more about how we can help you for your workers’ compensation hearing in NYC, call us today to schedule a FREE consultation.
Will My WC Claim Require a Hearing?
Most people dread the thought of going to a hearing – especially if they are seriously injured and may have difficulty getting there. Fortunately, not all WC claims will result in a hearing. In fact, many clear cases will often not require any type of hearing or appearance. An example may be a broken leg in a workplace accident that was witnessed by others. Another example could be a chemical inhalation injury caused by a cleaning agent at work. These are more obvious instances of workers’ comp claims that leave little question that the injury occurred from a work-related accident.
However, where there is a dispute over whether the injury or illness was work-related, or whether there were pre-existing injuries or illnesses, some claimants may need to attend a hearing. This is particularly true if the injuries are significant, the circumstances of the injury or illness need to be explained, or there are questions relating to the level of disability or permanency. There are other common grounds for a WC hearing, but these are some important factors.
What Happens at a Workers’ Compensation Hearing in NYC?
After all efforts to resolve a claim and a dispute fail, a hearing in front of a workers’ compensation judge may be scheduled. During the hearing, the judge will review the claim and the arguments presented by both sides, examining the evidence to arrive at a determination. This is done by:
- Hearing opening statements which create a roadmap (if not waived)
- Listening to the testimony of an injured worker who is asked questions by both parties
- Hearing testimony of other witnesses, including those who may have witnessed the accident, your injuries or illness, or who could otherwise present evidence regarding your claim
- Receive testimony from a medical expert or treating physician (either in testimony or via affidavit/affirmation)
- Medical record review of your injuries, illness, treatment, and other relevant information
- Lost wage and future wages
- Issues related to permanency, and
- Other evidence on points that are disputed at the hearing and relating to your workers’ compensation claim.
Do I Need a Workers’ Compensation Lawyer in NYC for my WC Hearing?
There is no requirement to be represented for your WC claim in NYC, including at a hearing. However, if you are unrepresented, it could be a big mistake because the WC carrier will be represented by an attorney at the hearing. There will also be points of evidence and legal objections or arguments that could be made at the hearing which you may not be familiar with. As a result, it would be prudent to ensure that you have an experienced workers’ compensation lawyer in NYC like one of ours to represent you.
Get Help At Your Hearing From O’Connor Law
If you suffered any type of work-related injury or illness, call O’Connor Law to schedule a FREE consultation to learn how we can help you and your family maximize your WC claim. This is particularly true if you believe your case may go to a hearing, where having experienced workers’ compensation lawyers in NYC like ours can make the difference between getting what you deserve and having your claim improperly denied.
Whether you have already filed a claim, have a claim pending, a hearing has been scheduled, or your claim has been denied, you can call our WC law firm in New York City to learn more about how we can help you. To schedule your FREE consultation, please call (844) 692-6671 or by sending us a private message through our “Contact Us” box available here.
