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Workers' Comp Hearing Next Week? Do These 7 Things Now

May 29, 20263 min read

Workers' Comp Hearing Next Week? Do These 7 Things Now

The week before your hearing is the week that decides it

If your workers' comp hearing is coming up in the next 7 to 10 days, what you do this week matters more than anything you've done in the months leading up to it. Hearings get won and lost on preparation. The good news: most of the work that moves the needle can be done in the next few days.

Here is the checklist that experienced workers' comp lawyers walk their clients through during the final week before a hearing.

1. Confirm the date, time, and location with the board

Sounds obvious. People still miss it. Hearings sometimes get rescheduled and the notice doesn't always reach you in time. Call your state workers' comp board and confirm the date, the time, the location, and whether the hearing is in person, by phone, or by video. If it's virtual, test the platform now, not the morning of.

2. Get every medical record from every provider you've seen

Your medical records are the single most important piece of evidence at a workers' comp hearing. You want every record from every doctor, urgent care, hospital, physical therapist, and specialist who has treated you for this injury. If you have to pay a small fee to get them, pay it. If you have to drive across town, drive across town. Bring originals and copies.

3. Make a written list of how the injury has changed your life

Judges and hearing officers want to hear about the actual impact of the injury. The medical records show the diagnosis. Your testimony shows what it means. Write down concrete examples. Things you used to do that you can't do now. Tasks at work you can no longer perform. Sleep you've lost. Activities with your family or kids you've had to stop. Keep it specific. Specifics are believable. Generalities are not.

4. Line up any witnesses

If a coworker saw the injury happen, or if your supervisor was aware of unsafe conditions, contact them now. Ask if they'd be willing to testify or submit a written statement. Witnesses don't need to be eyewitnesses to the moment of the injury. Anyone who can speak to your physical condition before and after the injury is useful.

5. Pull together your wage records

Workers' comp benefits are calculated based on your wages before the injury. Bring pay stubs, W-2s, or anything else that shows what you were earning. If you've been out of work and lost income, document that too. The amount of money you walk out with depends on having this paperwork in order.

6. Practice telling your story out loud

Most people freeze under cross-examination. The cure is rehearsal. Practice telling the story of the injury, start to finish, in plain language. Practice answering questions about prior injuries, prior medical conditions, and your work history. Practice saying "I don't remember" when you don't remember. The judge wants honesty, not performance.

7. Talk to a lawyer if you don't already have one

If you're going into this hearing without an attorney, this is the last week to change that. Many workers' comp attorneys will take a case at the last minute if it has merit, and most work on contingency, meaning no money out of pocket. The insurance company is going to have a lawyer in that room. You should have one too.

Dear Legal can match you with a workers' comp attorney in your state in under 24 hours, no cost to you. Start your case today. Our matching service is free, fast, and available nationwide.

What to expect on hearing day

Arrive early. Dress like you're going to a job interview. Bring every document you've gathered, organized in a folder. Speak directly to the judge or hearing officer, not the insurance company's lawyer. Answer the question you were asked, not the question you thought they were going to ask. Take your time. There is no prize for talking fast.

The bottom line

A workers' comp hearing is winnable when you walk in prepared. The next 7 days are your prep window. Use them.

If you have questions or want a workers' comp attorney to review your case before the hearing, get matched with a lawyer today. Most consultations are free, and most attorneys can make time on short notice when a hearing is on the calendar.