How to Prepare for a Workers’ Comp Hearing

When you file a Workers’ Compensation claim, there is always a possibility it might go before an administrative law judge (ALJ) or the Workers’ Compensation Appeal Board for a hearing.  Workers’ Comp hearings are not exactly “trials,” but they have a lot of the same elements and formality.  This can make preparing for your Workers’ Comp hearing quite stressful, but our attorneys have some tips and things to know to help you prepare.

First, you should know that most of what you will potentially be asked about is just the facts of what happened.  You will not be expected to know medical terminology, and your medical records will be able to speak for themselves to show what conditions you have or what your doctor diagnosed you with.  Before going to your hearing, you should simply prepare by going over the facts again, speaking to your attorney, and making sure you know where to go and how to dress for the hearing.

Reach out to the Certified Pennsylvania Workers’ Compensation Lawyer at Cardamone Law at (267) 651-7945 for a free case evaluation.

What Do I Need to Know Ahead of Time for a Workers’ Comp Hearing in Pennsylvania?

Workers’ Comp hearings are used to challenge denials and address petitions to stop, start, or modify Workers’ Comp benefits.  The specific purpose of the hearing in question will change exactly what kinds of questions are asked and what the judge needs to know about the case, but there are a few things that you will need to know to prepare yourself for the hearing.

First, you do not need to know all of the technical medical information about your injury and prognosis.  You might know that you hurt your knee, for example, but your medical records will show the specifics about what tendon, ligament, muscle, or bone was injured.  The Workers’ Compensation system does not expect injured workers to suddenly become medical experts, and your focus is better spent on the facts of what happened.

You will need to have a good understanding of the timeline of events and what happened to you if that will be a part of the hearing.  This means knowing the date of your injury, what you did to treat it, who you told about it, what led up to the accident, when you filed your notice with your employer, and other facts like these.  If you are having trouble keeping it all straight – especially if you are dealing with a severe injury like a traumatic brain injury – our lawyers can help you with these facts and information.

Will the Judge Ask Me Questions at My Workers’ Comp Hearing?

Sometimes yes, sometimes no. Depends on the Judge and the nature of the petitions that brought you into court. Of course, if the Judge speaks to you, be courteous and responsive. It is proper to call the Judge, “Your Honor”.

What actually happens – and what information the judge needs to pull out – at the hearing will depend heavily on the purpose of the hearing.  Many hearings take place to determine whether you are eligible in the first place – i.e., whether your injury was work-related.  In these cases, you will likely testify, and the judge will likely ask you questions.

Generally, we will, as your attorneys, be the ones presenting the evidence.  This means we will question you and direct you through your testimony about what happened.  However, hearings are not like trials, where the only evidence comes from the attorneys’ questions and exhibits.  Instead, the judge might have some questions of their own, and they will be able to ask them.

You might also be questioned by the opposing lawyer – usually an attorney representing the insurance carrier your employer works with.

What Do I Need to Bring to a Workers’ Comp Hearing?

When you go to your hearing, you will usually just need to bring yourself.  Our lawyers can request medical records and seek out any other evidence that you will need ahead of time.  We will be the ones responsible for bringing it to court, presenting it to the judge, and supplying any additional information.  The main information you will provide is your testimony about what happened to you, and we can provide the rest.

Is a Hearing Over in One Day?

Some Workers’ Comp judges will try to get everything done in one day, but many Workers’ Comp hearings actually require multiple days of hearings in court.  In some cases, you might not need to be present for every argument and every document presentation, allowing you to stay home and focus on your recovery some days.  However, when your testimony is needed, we will need to have you present at the hearing each day.

How to Dress for Your Workers’ Comp Hearing

A hearing is not the same as a trial where there is a jury to impress and try to win over.  However, you should still make an effort to dress professionally and avoid any negative opinions from the judge. You should look respectful to the Court, and not wear t-shirts, jeans, tank tops, shorts, or sandals. On the other hand, it is not necessary to wear a suit or dress. Just use your common sense and look appropriate.

If you have a suit and tie or nice slacks and a blazer you can wear, that will usually be sufficient.  A reserved dress or a blouse and skirt would also be a good choice.  If you do not have these, then a nicely pressed button-down shirt and a pair of dress pants or a skirt would also be acceptable.

In any case, try to avoid wearing sneakers, workout wear, leggings, shorts, jeans, sweats, or tee shirts.  If you have an injury or disability that requires special clothing or shoes for comfort, then it is perfectly acceptable to wear that instead.  For example, if your foot injury feels better in sneakers than dress shoes, do not let the formality of the hearing stop you from wearing sneakers.  In fact, it might even be a good idea to bring up the sneakers in your testimony to show the judge the injury is still affecting you.

If you need to wear supports like a walking boot, a sling, or a neck brace, do so.  However, you should never try to “play up” the injury or do anything to exaggerate its severity, such as wearing an unnecessary neck brace or a walking boot you no longer need.  Judges are often good at seeing through these kinds of exaggerations, and they will not take kindly to you if they think you are lying to them.

Call Our Workers’ Compensation Attorneys in Pennsylvania Today

For a free review of your work injury case, call the Philadelphia Workers’ Compensation attorneys at Cardamone Law today at (267) 651-7945.