In Missouri, most workers’ compensation claims are settled without going to a hearing. However, the Missouri Department of Labor reports that approximately 5 percent of cases will go to a formal hearing before they are resolved. At the workers’ compensation hearing, an administrative law judge (ALJ) will review the evidence presented by you and the insurance company and decide whether to award or deny benefits to you. Since this hearing involves complex rules and procedures, you must be prepared. So, let’s explore how to prepare for a workers’ compensation hearing.
1. Retain a Workers’ Compensation Attorney
A worker’s compensation claim involves both legal and medical concepts that can be difficult to understand without the help of an experienced workers’ compensation attorney. If your case is headed toward a workers’ compensation hearing, retaining a lawyer to represent you is even more critical. Your lawyer can review the medical records, help you prepare for depositions, and build the strongest possible case to support your benefits claim. In some cases, a lawyer can successfully negotiate a settlement without going to a hearing.
2. Build a Strong Case
Whether you represent yourself or retain a lawyer, you’ll need to build a strong case. If you retain an attorney, they will help to build your case for you by gathering evidence, such as the following:
- Accident/incident report
- Hospital records
- Discharge paperwork
- Diagnostic tests
- Doctors’ and nurses’ notes
- Medical examinations
- Doctor’s opinion about how your injury affects your ability to work
- Medical bills
- Earnings record showing lost income
You will have to participate in discovery with the insurance company, which is a process during which you and the insurer must exchange evidence and information. You’ll need to follow the rules of evidence to ensure you can admit evidence at your hearing.
3. Prepare for an Independent Medical Examination (IME)
Workers’ compensation insurers can ask you to attend an independent medical examination (IME) with a doctor they choose. During an IME, the doctor will look at your medical records, examine you, and write a report. While an IME is supposed to be neutral, many doctors who perform IMEs for insurance companies tend to be biased in their favor. You must attend the IME, but it’s important to know your rights. Your attorney will help you prepare for your IME and might schedule a separate examination with a different doctor you can also attend to provide contextual information for the IME doctor’s findings.
4. Attend All Medical Appointments
Attend all medical appointments and any follow-up care your doctor recommends. If you fail to keep up with your medical appointments, the insurance company will argue that you are malingering, which means your injuries aren’t as severe as you claim. Having strong medical documentation that supports your claim is critical for the outcome of a workers’ compensation hearing.
5. Accurately Calculate Damages
Your attorney will help you calculate your damages, including your past and future medical bills, wage losses, and other benefits you should receive. To accurately calculate your damages, you’ll need to gather your bills, receipts, and wage statements. Your lawyer will help you calculate what you are owed for disability benefits. They might retain a vocational expert to explain how your injuries affect your ability to work and earn income.
6. Prepare for Depositions
Nearly all workers’ compensation claims will involve depositions if they are headed to a hearing. Expert witnesses may testify at a deposition under oath, which is held outside of court but in the presence of a court reporter. Your attorney and the insurance company’s defense lawyer will question the witnesses and object to testimony they believe violates the rules of evidence. You might also be called to testify at a deposition about your injuries, so it’s important to prepare with your lawyer by going over the types of questions you can expect and how to answer them. This might include some role play so you understand when to stop answering and how to answer questions when you are unsure.
7. Prepare for Your Hearing
To prepare for your workers’ compensation hearing, you’ll need to determine whether you will call other witnesses besides experts. These might include coworkers who saw your accident and acquaintances who can describe how your injuries affect your ability to perform the activities of daily life. Your lawyer might want to meet with these witnesses before your hearing to prepare them for testifying.
You’ll also need to prepare to testify. The defense lawyer will be able to ask you questions, and you will need to answer them. You must follow the Missouri evidentiary rules and should only testify about things that you saw, said, and experienced. It’s a good idea to write down a timeline of what happened from the time of your injury until the present, including details about your injury and accident, when you made the report, the important medical events that have occurred, and your injury’s progression.
You’ll need to be fully accurate and honest when you testify and should never exaggerate or minimize your symptoms. If you exaggerate, it will lead the judge to make negative inferences about your credibility and could lead to a denial.
Dress appropriately for your hearing. This will likely mean dressing in business casual clothing.
Finally, arrive early, and follow your lawyer’s directions.
Talk to an Experienced Lawyer
If you were injured at work and are involved in a dispute with the workers’ compensation insurer about your claim, you should speak to an experienced attorney at the Law Offices of Bryan Musgrave. Call us for a free consultation today at 417-322-2222 or contact us online.