If you are fighting with a workers’ compensation insurance company over a work-related injury and you can’t come to an agreement, you may be required to attend a hearing. If you haven’t already, consider hiring a workers compensation attorney Oregon. Then, make sure you are prepared for the hearing.
Find anyone who witnessed the incident, and have them deposed by your legal counsel. You may also ask them to testify in court, but if they refuse, your attorney may be able to subpoena them, requiring that they appear. Make sure their stories match the incident.
Gather all your medical records together. They should include everything from your initial medical treatment and tests to any recent tests and diagnoses, especially those that result in long-term care requirements or disabilities. Every medical document from this period should be collected.
Not only do your incident reports need to be collected, but you should collect any paid and unpaid medical bills, paystubs to prove lost wages, witness depositions, employment records and any documents that prove you have been looking for a job or receiving vocational training for a new position.
Damages consist of your medical bills and lost wages. Other benefits, such as vocational rehabilitation, may also be included. If long-term care or permanent disability are factors, the attorney will also calculate these costs.
You, your lawyer and the insurance company’s lawyers attend these hearings. First, your attorney will present the documents you have collected as evidence. After the evidence is presented to the court, you may then be asked to testify, and you will probably be cross examined on the incident. Other witnesses may also be asked to testify. Finally, the judge will rule on the case.
An attorney who knows the process and can navigate the hearing will result in a significantly higher settlement or judgment. Consider consulting a workers’ compensation attorney if a hearing is required to settle your case.