Filing a claim for workers’ compensation in California is quite easy. After reporting the accident that caused your injury to your employer, you need to seek medical attention. Once these two tasks are complete, you will wait for the employer to handle the rest. Here’s what you can expect to happen when attending a workers’ compensation hearing.
You will make your case in front of a judge at the hearing. Your employer will also be in attendance, with their attorney and insurance representative. They will make their case for why you should not receive any workers’ compensation benefits.
Both parties in the case will be allowed to present evidence, witness testimony and anything else they deem appropriate to help prove their argument for or against the issuance of workers’ compensation benefits in California. Both sides are also allowed to use expert witnesses in a hearing.
A workers’ compensation hearing can be very contentious. It basically involves you telling your employer that you deserve the benefits because you were injured on the job while the employer argues vehemently against your claims. This can put a strain on your relationship with your employer, so be ready for that to take effect when you return to work.
The judge will then end the hearing but will not make a ruling at this time. Both parties are required to submit written briefs that summarize their arguments. The judge will review the briefs and the evidence presented in the hearing and make a decision.
A workers’ compensation hearing in Stanislaus can be confusing, stressful and long. Make sure you know what to expect before walking into a hearing so there are no surprises that come your way.