What to Expect at Your Workers Compensation Hearing

If your workers compensation claim is denied or disputed, you may need to attend a hearing before a workers compensation judge. Understanding what happens at these hearings reduces anxiety and helps you prepare.

Hearings occur when there's a dispute about:

• Whether your injury is work-related
• The extent of your disability
• What medical treatment you need
• Whether you can return to work
• How much you should receive in benefits
• Any other contested issue in your claim

The hearing is your opportunity to present evidence showing you're entitled to benefits.

• Gathering medical records and bills
• Obtaining doctor's statements and reports
• Collecting witness statements
• Preparing exhibits (photos, documents, records)
• Arranging for expert testimony if needed
• Preparing you to testify

• Written discovery (interrogatories, document requests)
• Depositions of you, witnesses, or doctors
• Independent medical examinations by insurance company doctors
• Pre-hearing conferences to discuss settlement

• What questions will be asked
• How to answer clearly and honestly
• What to expect from cross-examination
• What to wear and how to present yourself

Preparation typically happens over several weeks or months before the hearing date.

• Photo ID
• Any prescribed medications you take
• Pain journal or symptom diary
• Calendar showing missed work days

• All medical records and bills
• Wage documentation
• Accident reports
• Witness statements
• Expert reports
• Exhibits and evidence

You shouldn't need to bring documents—your lawyer handles that—but confirm beforehand.

• State workers compensation board offices
• Administrative hearing rooms
• Sometimes via video conference

• The workers compensation judge
• You and your attorney
• The insurance company's attorney
• A court reporter
• Witnesses (if testifying)
• Sometimes your employer's representative

• More informal than traditional court
• Usually around a table rather than a courtroom
• Judge sits at the head
• Less formal procedures than civil trials

• Your lawyer may outline what they'll prove
• The insurance company's lawyer presents their position
• These are usually brief

Your lawyer asks you questions about:

• How the injury happened
• Your job duties
• Your symptoms and limitations
• Medical treatment you've received
• How the injury affects your daily life
• Whether you can work

• The insurance company's lawyer questions you
• They may try to minimize your injury or poke holes in your story
• Stay calm, answer truthfully, stick to what you know
• Don't speculate or guess

• Your doctor's reports are submitted
• Your doctor may testify (in person, by phone, or by deposition)
• Medical experts explain your diagnosis, treatment, and prognosis

• Their doctor's examination and opinion
• Often claims you're not as injured as you say
• May argue you can return to work

• Coworkers who saw the accident
• Supervisors who can describe your job duties
• Family members who can describe how your injury affected you

• Discusses what jobs you can still do
• Assesses your earning capacity
• Relevant for permanent disability cases

• Your lawyer summarizes why you should receive benefits
• Insurance lawyer argues why you shouldn't or should receive less
• Judge may ask questions

Your lawyer will ask you to explain:

• Your job and typical duties
• How the injury happened
• What you felt immediately after
• Medical treatment you received
• Current symptoms and limitations
• Activities you can no longer do
• How the injury affects your life

• Listen carefully to each question
• Answer only what's asked
• Don't volunteer extra information
• Say "I don't remember" or "I don't know" if you don't
• Be honest, even if the answer isn't perfect for your case

Expect questions designed to:

• Find inconsistencies in your story
• Suggest you're exaggerating
• Highlight activities that seem inconsistent with claimed limitations
• Point out gaps in medical treatment
• Emphasize any pre-existing conditions

• Stay calm and polite
• Don't argue or get defensive
• Listen to the complete question before answering
• Take your time
• If confused, ask them to rephrase
• Don't guess or speculate
• Let your lawyer object if questions are improper

• What were you doing when you got hurt?
• Did anyone see it happen?
• Did you report it immediately?
• What did you say when you reported it?

• What hurts and where?
• How would you rate your pain on a scale of 1-10?
• What makes it better or worse?
• Can you show me how it limits your movement?

• When did you first see a doctor?
• What treatments have you had?
• What medications are you taking?
• Are you following your doctor's recommendations?

• What did your job require you to do?
• Have you tried to return to work?
• Can you do your old job now?
• What work activities can't you do anymore?

• What can't you do now that you could before?
• Who helps you with daily tasks?
• Have you traveled or participated in activities since the injury?
• (They're looking for social media posts or activities that contradict your limitations)

• Do you seem honest?
• Is your testimony consistent?
• Do you exaggerate or seem genuine?
• Does your testimony match medical records?

• Do doctors clearly link your injury to work?
• Is the diagnosis supported by objective tests?
• Do treatment records show ongoing problems?
• Are work restrictions medically justified?

• Did the accident happen as you described?
• Was the injury reported timely?
• Do job duties match what you claim?
• Is there evidence contradicting your account?

• Does your injury meet legal requirements for benefits?
• Are you within filing deadlines?
• Do you qualify under state workers comp law?

• Issue a decision immediately (rare)
• Take the case under advisement and issue a written decision later (common)
• Request additional evidence or testimony
• Schedule a follow-up hearing

• 30-90 days after the hearing
• Varies significantly by state and judge

• Find in your favor, against you, or partially for each side
• Explain the reasoning
• Award specific benefits or deny them
• Outline appeal rights

• Benefits are awarded (medical care, wage replacement, permanent disability)
• Insurance company must pay within specified timeframes
• They may appeal to a higher board or court

• Some benefits awarded but less than requested
• Perhaps benefits for a limited time period
• Lower disability rating than your doctor recommended

• Claim is denied
• No benefits awarded
• You can appeal to a higher level

• Judge sends it back for more evidence
• May need another hearing
• Specific issues need clarification

• Medical treatment is authorized
• Wage replacement payments start
• Permanent disability benefits are calculated and paid

• They have limited time (usually 30 days)
• Benefits often continue during appeals

Insurance companies sometimes prefer settling over lengthy appeals.

• File with the appeals board or commission
• Usually have 30 days
• Appeal focuses on legal errors, not re-examining evidence

Even after losing, negotiated resolution may be possible.

• Discuss with your lawyer whether appeal is worthwhile
• Consider strength of your case and likelihood of success

• Prepare thoroughly with your lawyer
• Review all documents and medical records
• Practice answering questions
• Get a good night's sleep
• Dress professionally but comfortably

• Arrive early
• Be respectful to everyone, including opposing lawyer
• Listen carefully to questions
• Answer honestly and concisely
• Don't let cross-examination upset you
• Look at the judge when answering

• Don't discuss the case outside the hearing room
• Follow up with your lawyer about next steps
• Continue medical treatment as prescribed

Credibility is everything. Be honest about what you can and can't do.

Don't minimize your pain or limitations either. Be accurate.

Stay calm even if questions seem accusatory.

Be respectful always.

Answer what's asked, nothing more.

Work with your lawyer beforehand so you know what to expect.

Make sure your hearing testimony matches what you've said in medical records and statements.

Workers compensation hearings can be intimidating, especially if your benefits depend on the outcome. Having an experienced workers comp attorney who's represented clients at hundreds of hearings makes a significant difference in both your preparation and your results.

Dear Legal connects injured workers with workers compensation lawyers who regularly appear before judges in your state. They know what judges look for, how to present medical evidence effectively, and how to prepare you for testimony and cross-examination.

Answer a few questions about your case, and we'll match you with qualified attorneys who offer free consultations. Don't face your hearing alone. Get the representation that can help you win your case.