Waiting (for Workers' Compensation) is the Hardest Part The first reason is that the insurance company might not agree with your version of events. That said, there are instances where you'll need to put a little extra pressure on your employer's insurance provider, in which case involving an attorney is necessary. The Greenville SC Car Accident and Personal Injury Attorneys at David R. Price Jr., P.A. Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. That means that the majority of cases are settled out of court. The employer may argue that the worker is not actually injured at work, or that the injury was not caused by the workplace. Statistics published by the Workers Disability Compensation Agency show 57 total dispositions for 2019 (2020 omitted because of COVID-19). The most common reasons a workers compensation case goes to trial include: Although any of the above scenarios may be reason to take your workers compensation case to trial, it is not always the right solution. Your case will be scheduled for a routine status hearing every three months. Why is My Workers Comp Case Going to Trial? In general, worker's comp works as a trade off. Saying or doing the wrong thing in front of the workers' comp doctor could cause your claim to be denied. Primarily, these settlements end cases sooner, which means victims get their checks sooner. Even if the insurance company goes bankrupt during the time it is required to make payments, a state agency, California Insurance Guarantee Association (CIGA), will take over and make the payments. Without the question of fault, there is less likely to be a contested issue in a workers claim than in other personal injury cases. For the defense, a trial allows them the opportunity to cross-examine the prosecution's witnesses and to present their own witnesses and evidence. Reasons Why Your Workers' Comp Claim Is Taking So Long Reviewing the evidence will help you to be prepared to discuss it during the trial. The judge will preside over the trial and make decisions on matters of law. An arbitrator, who is not a judge but who plays a very similar role, will hear your case. Our Michigan workers comp lawyers have been called the best in the state, and our clients love how theyre treated with care, respect, and responsiveness. Any action you take based on the information found on cgaa.org is strictly at your discretion. Call us now or Email! why is my workers' comp case going to trial - Katie Wills Ideas To obtain a trial date, there must first be a Mandatory Settlement Conference or other specialized hearing. After the stipulations are read, the judge will go over the issues the parties do not agree on. Injured workers deserve full compensation for their medical bills, rehabilitation and lost wages. Murdoch testified Fox News hosts endorsed idea that Biden stole In a criminal case, the decision to go to trial is made by the prosecutor, not the defendant.
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