Preparing to Testify at a Workers’ Compensation Hearing

When you are pursuing a work injury claim, your case will often end up in court before a Workers’ Comp Judge.  At these hearings, whether you get benefits or not might come down to the evidence presented and the success of the hearing.  That is why it is important to prepare for your hearing and any testimony you may be asked to provide.

First off, your attorney will be able to prepare you for the specifics of your case and what specific kinds of questions will be asked.  Your lawyers can go over the issues with you and help you understand what information the court will want to know, but there are some general things to think about that we can discuss.  Additionally, be sure to prepare by dressing appropriately and preparing yourself to answer the questions clearly and precisely and to avoid fighting or arguing with the lawyers or judges in the case.

For a free case review, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.

What is the Goal of a Workers’ Comp Hearing in Pennsylvania?

The specifics of what the hearing in your case is attempting to accomplish will be different from case to case.  However, the main issue in most initial Workers’ Comp cases is a Claim Petition – a petition asking the Workers’ Comp Judge to grant you benefits.  This means that the core questions at issue in the case will be how the injury occurred, whether your injury was work-related, and whether it prevents you from being able to work (according to medical evidence).

This means that you need to be prepared to give information about these issues, including your story of how the accident happened, what work tasks you were doing when the accident happened, how your work caused the injury, what you did afterward, how much it hurts, what effects the injury has on your day-to-day abilities and work abilities, and how hard it is to do your job right now because of the injuries.

This is a lot of information, and no one expects you to be an expert on the legal or medical side of things.  Instead, you usually just need to talk about the facts you know: what happened, how it happened, and what its effects are.  Our Pennsylvania Workers’ Compensation lawyers can also sit with you and prepare ahead of time for the kinds of questions that will be asked and what kinds of answers the judge expects to hear.

Preparing for Questions from Your Lawyer

Your lawyers may be the ones asking you a lot of the initial questions to get your side of the story out.  We will be able to discuss with you ahead of time what we need to get on the record and what questions we will be asking.

Preparing for Questions from the Judge

The judge just wants to get to the heart of the case and get the answers needed to make a ruling on your claim.  This might lead the judge to ask certain pointed questions or ask you to repeat yourself or give more detail about certain events or work tasks.  In most cases, Workers’ Comp Judges have a good understanding of various jobs and work tasks, but it is important to remember that they are not necessarily experts on your job, the machinery you use, or the operation of said machinery.

All in all, it is important to be patient and to certainly avoid arguing with the judge.  Even if you think you already answered a question or explained it well enough, be prepared to repeat yourself or answer questions again a bit differently to make sure the judge gets all the information needed.

Preparing for Questions from Opposing Counsel

The other lawyer’s job is typically to shut down the case and get you to lose.  They may do this simply on the facts themselves by making arguments that the facts presented do not meet the legal requirements for a successful claim.  They also might do it by trying to bait you into saying things or agreeing to things that don’t actually make sense – or simply by trying to anger you on the stand.

It is important to answer only the questions asked; do not volunteer more information to the other side’s attorneys.  Simple yes and no answers are sometimes all that is required, and our attorneys can object and try to shut down inappropriate lines of questioning.

Try to be accurate and consistent in your testimony, as the other side’s attorneys will often try to trip you up and get you to contradict yourself.  Our lawyers can help redirect the questions and clarify mistakes, misstatements, and contradictions.

In any case, remain calm.  Getting you mad at the lawyer is exactly what the defense often wants, as it can help paint you in a bad light before the judge.  Try to stay polite and professional, even if the other side’s lawyers do not.

Getting Ready for Court

When you go to court for your Workers’ Comp hearing, you should dress professionally, as that might apply to your job/position.  A suit is a great option, but it might be above and beyond “professional” for your job/industry.  Dressing like you would for a job interview is often perfectly court-appropriate: wear a button-up shirt and tie or an appropriate blouse along with dress slacks, khakis, or an appropriate skirt.  Avoid wearing jeans, workout clothes, sweats, and any shirts with graphics or words.  You typically would not wear your work uniform to a hearing like this, especially if it is dirty or ripped.  For example, do not come into the hearing in oil-stained coveralls, even if that is your day-to-day professional work attire.

Bringing notes to the stand might be appropriate, especially if you need them because your injury demands it (e.g., after a serious head injury).  However, you should give your lawyer all notes ahead of time so that we can make copies for the judge and opposing counsel, which is usually required.

Additionally, be prepared to tell the truth the whole time.  Judges can often tell when people are lying, and contradictions will be hard to keep track of.  In any case, lying under oath is also illegal.

Know that when you walk in those doors, no one is expecting you to be an expert on the process; that’s what your lawyer is there for.  If you have any questions or need any of the judge’s or lawyers’ questions clarified, just ask.  Do not try to guess and get the answer wrong.  In most cases, it is better to ask for clarification than to guess wrong, and it is usually more embarrassing to provide an awkward answer than it is to simply ask what they mean when you do not understand the question.

Call Our Workers’ Comp Lawyers in Pennsylvania Today

For a free case review, call Cardamone Law’s Philadelphia Workers’ Comp lawyers today at (267) 651-7945.