Thank you to my Attorney - Eric Porcaro and paralegal Kamilah White for doing such a stellar job on my case! It was a real pleasure working with this team!
How Should I Prepare for My Workers’ Compensation Hearing?
A workers’ compensation hearing can feel intimidating, especially if you’ve never been through a legal process before. Questions about what to say, what documents to bring, and what the judge will ask are common. Understanding how the hearing works and preparing ahead of time can help you feel more confident and avoid mistakes that could affect your workers’ compensation claim in Virginia.
Purpose of a Workers’ Compensation Hearing
A workers’ compensation hearing gives both sides the opportunity to explain what happened, review your medical condition and ability to work, and address any defenses before the Deputy Commissioner makes a decision.
What to Expect During a Workers’ Compensation Hearing
During a workers’ compensation hearing, you will usually testify about the accident, your medical treatment, and your ability to work. Additional witnesses may also be called, such as an eyewitness to the accident or someone addressing a defense raised by the employer, such as an alleged safety rule violation.
Medical evidence is typically submitted before the hearing through a Medical Records Designation. Other exhibits may include documents such as pay stubs, accident reports, or job search records showing efforts to find light-duty work.
Who Is Present at a Workers’ Compensation Hearing?
Several people are typically present at a workers’ compensation hearing. These usually include:
- You, the injured worker
- Your attorney
- Your employer, or a supervisor or manager
- The employer’s attorney
- The Deputy Commissioner, who hears the case and issues a decision
- A court official who records the proceeding
Virginia workers’ compensation hearings are usually audio recorded and transcribed later, rather than taken down by a stenographer. Family members and friends may attend for support, but they are typically not called to testify.
How Long Do Workers’ Compensation Hearings Last?
Most workers’ compensation hearings are relatively brief. In many cases, the only live testimony comes from the injured worker, although the employer may sometimes call additional witnesses.
Medical evidence is usually submitted through medical records and written physician opinions rather than live testimony from doctors.
Because most evidence is presented through documents, many hearings are completed in about two hours or less. If the hearing cannot be finished in that time, the Deputy Commissioner may continue it and schedule another date to complete the testimony.
When Will a Decision Be Issued?
The Deputy Commissioner does not issue a decision on the day of the worker’s compensation legal hearing. Instead, the testimony is transcribed and the evidence reviewed before the Commissioner prepares a written Judicial Opinion explaining the decision and sends it to both sides.
While decisions are ideally issued within about 21 days after the record closes, in practice it often takes longer depending on the complexity of the case and the Commissioner’s schedule.
How an Attorney Can Help with Your Workers’ Compensation Case
Preparing for a workers’ compensation hearing means making sure the key facts of your claim are clearly supported by evidence.
We gather medical records and physician opinions confirming your diagnosis, explaining how the injury or illness is related to your job, and outlining any work restrictions. In Virginia, medical evidence is usually submitted through records and written opinions rather than live testimony.
If you were released to light-duty work, we may also present job search logs showing your efforts to find suitable employment.
We also help document several important facts that affect your workers’ compensation claim, including:
- Your average weekly wage, which determines wage benefits
- How the workplace accident occurred
- Whether proper notice of the injury was given to your employer
If necessary, we use records such as pay stubs, bank deposits, or witness testimony to support these points.
Rutter Mills Workers’ Compensation Attorneys
If you are facing a workers’ compensation hearing and don’t want to go it alone, contact Rutter Mills. Our experienced workers’ compensation lawyers will guide you through the process, protect your rights, and pursue the benefits you deserve.
Contact us online or call us for a free consultation today:
+1 (757) 777-7777
Call Rutter Mills
If you are pursuing a workers compensation claim, our skilled attorneys will help you through every step of the process to hold those responsible accountable and get you the support you deserve. Call or text 24/7 at 757-777-7777 or fill out our online contact form here to get in touch with our knowledgeable lawyers.
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If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.
