Workers’ Compensation Hearings – Don't Wait to Get Legal Help
by Rosalind Asch-Hobeck
You don’t have to wait for a hearing to get a workers’ compensation lawyer. In fact, the sooner you get legal representation, the better—especially if you're still injured and unable to work. Waiting to secure benefits can prolong your waiting time to secure benefits.
When the Board notifies you about a hearing, it will include the date, time, and instructions for participating. If you don’t have an attorney, the process may seem confusing at first.
The notice will likely say "Virtual Only," meaning there's no in-person hearing. You'll see the scheduled date and time, along with a Virtual Hearing ID number. The notice will also outline how you can participate, and it’s perfectly acceptable to join the hearing by phone, as the notice explains.
Make sure you’re available to take the call from the Judge a few minutes before your hearing time. Be prepared for potential delays due to the number of cases on the schedule—so, if there’s a wait, just hang in there.
During the hearing, the Judge will probably ask for your name, address, date of birth, and the last four digits of your Social Security number to confirm your identity as the claimant.
Until the hearing, the insurance company can choose to voluntarily accept your claim and start payments, but keep in mind—they aren’t on your side. While they may provide the right medical treatment and pay benefits for time lost from work, the insurance company will be represented by an attorney. So why shouldn’t you have one too?
The consultation is free, and you won’t need to pay a retainer fee. If you don’t have an attorney when the hearing happens, you can let the Judge know you’d like time to hire one. But it’s better to be proactive—consulting an attorney before your hearing can help ensure you're receiving the right payments and address any treatment concerns.
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If you found this blog helpful, you might also enjoy reading Can I Handle My Workers' Compensation Case Without a Lawyer? for more valuable insights.