For many individuals, their workers’ compensation hearing is oftentimes their first experience with the legal system, which can be a nerve-wracking experience. They are unsure of what to expect in terms of what to wear, where to go, what to do, and how to interact with the judge. At Snow, Carpio & Weekley, PLC, we have helped countless clients get through their first court hearing, and we are eager to assist you to do the same.
Typically, workers’ compensation hearings are held at the Industrial Commission of Arizona, located at 800 W. Washington Street in Phoenix, or at the Tucson Industrial Commission of Arizona, located at 2675 E. Broadway Boulevard in Tucson. Hearings are also held in Prescott, Flagstaff, and Yuma. Consult with your workers’ compensation attorney prior to the hearing to figure out where you will meet them, and to discuss any final questions you may have regarding your hearing.
Your workers’ compensation lawyer will accompany you to your hearing, along with any requested witnesses. The attorney for the insurance company will also be there, along with any witnesses they feel are necessary to their side of the case. A court reporter will also be present, along with the judge.
Yes, you will be asked to take an oath. The presiding judge will ask you to raise your right hand, and will proceed to administer the same oath typically administered in trials across the country. It will go something like this: “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?” Under oath, you will be asked to respond in the affirmative.
Once you have been sworn in, your workers’ compensation attorney will begin to take your direct testimony. This consists of them asking you questions regarding the nature of your work-related injuries and how you sustained them. You will also be asked about your course of treatment, as well as about your current condition and ability to work. You may also be asked to share personal, pertinent information about yourself.
Once your attorney has finished their direct examination of you, the defense’s attorney will cross-examine you. This involves them asking you additional questions in the hopes of catching you in a falsehood or over-exaggeration.
If there are witnesses present, both attorneys will ask them questions related to your case.
Once everyone has given their testimony, the judge will conclude the hearing for the day. If they have not made a decision by the end of day, chances are they will schedule a further hearing, which will involve the testimony of your doctor and the insurance company doctor. This second hearing will consist of both your lawyer and the defense’s lawyer asking the medical professionals questions regarding your health, your recovery, and your course of treatment. While you are welcome to attend this second hearing, you are not required to. Once the judge has heard everybody’s testimonies, they will review the evidence and make a decision. They will issue a written decision and send a copy to both your attorney and the insurance company’s attorney.
The Phoenix attorneys at Snow, Carpio & Weekley, PLC have extensive experience in helping clients through their first experience with the legal system, and now we are here to help you. If you have been injured in a work-related accident and would like to file a workers’ compensation claim, contact our workers’ compensation firm at 877-370-5788 to schedule a free consultation today.