What Can I Expect If My Workers’ Comp Case is Taken to Hearing?
Our workers’ comp attorneys have assisted injured employees throughout every level of a claim. While it is best to get a lawyer involved from the very beginning, we can also come into a claim already filed to represent a person at a hearing before the industrial commission. In this video, workers’ compensation lawyer Gene Riddle explains the process of filing a claim and what to expect at a hearing. If you have a hearing scheduled and you are not represented by a lawyer, we offer consultations to discuss your upcoming hearing at no cost and with no obligation.
In workers’ compensation, if you have to go to a hearing, what that means is, you will go in front of the industrial commission. There will be a deputy commissioner that sits as judge and jury on your case. That deputy commissioner will decide:
#1 is there liability?
#2 What are you entitled to? What benefits should you receive?
- Should you receive medicals?
- Should you receive lost wages?
- Should you receive compensation for permanent injury?
If you lose at that level, you can appeal and you’ll go to the full commission. And then the full commission gets a de novo hearing. What does that mean? That means they get a new hearing. They don’t call, they don’t call witnesses. But that means they get to review every bit of evidence presented at the hearing and they can make a new rule.
If you lose at that stage, then you file your appeal to the North Carolina Court of Appeals.
We’ve actually handled workers’ compensation cases at every level. I’ve actually tried them at the commissioner level. I’ve handled the appeal hearing at the full commission level. And I’ve actually handled hearings at the court of appeal level. And we’ve been successful. Please give us a call or send us an email. We’re here, we’re ready to help. Justice counts.