What to Expect at Your Workers’ Compensation Hearing: A Concise Overview

July 2, 2023 3:00 am

What to Expect at Your Workers’ Compensation Hearing: A Concise Overview

By: Perry Morrison

What to Expect at Your Workers' Compensation Hearing: A Concise Overview

Dealing with a workplace injury can be a challenging and confusing time. Navigating the Workers’ Compensation process can add to the stress, especially when it comes to attending a hearing. Understanding what to expect during this event can help alleviate anxiety and prepare you for a more successful outcome. This article aims to provide a step-by-step guide to workers’ compensation hearings, outlining the essential aspects and offering valuable insights.

The workers’ compensation hearing serves as an opportunity for injured employees to present their case to an administrative judge, especially after having their claim denied. A thorough understanding of the hearing process, coupled with appropriate preparation, can lead to better chances of obtaining favorable results. This guide discusses the key phases of a workers’ compensation hearing, including presenting medical records, testimonies, and cross-examination.

Throughout the hearing, the injured worker must share essential information regarding their injury, symptoms, and limitations resulting from the incident. Additionally, the claimant may need to reveal their work history, educational background, and attempts to return to work. This guide will dive deeper into these aspects, simplifying the complexities of the workers’ compensation hearing and guiding you through each step.

Understanding Workers’ Compensation

Workers’ Compensation System

The Workers’ Compensation system is a form of insurance designed to provide wage replacement and medical benefits to employees who are injured on the job. The main goal of this system is to help injured workers get back on their feet as quickly as possible, while also protecting the employer from potentially costly lawsuits. In general, Workers’ Compensation benefits are paid by the employer’s insurance carrier or by the state’s workers’ compensation fund, depending on local regulations.

There are numerous benefits provided under the Workers’ Compensation system, including medical treatment, temporary and permanent disability benefits, and vocational rehabilitation services. The specific benefits and requirements may vary from state to state, so it’s essential for both employers and employees to be familiar with their state’s Workers’ Compensation laws.

Insurance Company

An insurance company plays a crucial role in the Workers’ Compensation process. In most cases, employers are required to purchase Workers’ Compensation insurance to cover potential workplace injuries. The cost of this insurance is based on factors such as the employer’s history of work-related injuries and the risk level of the industry.

The insurance company is responsible for handling workers’ compensation claims, determining eligibility for benefits, and paying out the appropriate benefits to injured workers. Insurers also have an interest in promoting workplace safety and may offer incentives or resources to help employers create safer work environments.

Workers’ Compensation Insurer

A Workers’ Compensation claims management company, also known as a third-party administrator (TPA), is a company that specializes in managing Workers’ Compensation claims on behalf of the insurance company. They are responsible for evaluating the severity of the injury, approving, or denying the claim, and coordinating medical and other benefits for the injured worker.

Working with a Workers’ Compensation insurer can help streamline the claims process and ensure that employers and employees are following the proper procedures outlined by state law. This can help avoid disputes and delays in providing the necessary benefits to injured workers.

Filing a Workers’ Compensation Claim

Work-Related Injury and Claim Process

When a worker experiences an on the job injury or develops an illness related to their workplace, it’s necessary to file a workers’ compensation claim. A workers’ comp claim provides coverage for medical expenses and lost wages resulting from workplace injuries. The claim process begins with the injured worker notifying their employer about the injury.

The employer is responsible for providing a Workers’ Compensation claim form to the injured worker. The injured worker must complete and submit the form to their employer according to the state’s requirements. It’s crucial that the employee provides accurate and detailed information about the injury or illness in the completed form. This ensures a smoother claim process and helps with receiving the appropriate benefits.

Injured Worker and Employer Responsibilities

Both the injured worker and the employer have certain responsibilities in the Workers’ Compensation claim process.

1. Notify EmployerTell your employer about the injury or illness ASAP.
2. Obtain Claim FormReceive workers compensation claim form from employer.
3. Fill and Submit FormComplete the form and submit to your employer.

Injured Workers responsibilities

  1. Provide written notice to the employer about the injury or illness.
  2. Seek prompt medical attention to treat the injury.
  3. Complete the workers’ comp claim form accurately and timely.
  4. In North Carolina, the employer must file a Form 18 with the NC Industrial Commission within a reasonable time.

Employer responsibilities

  1. Provide the injured employee with the required claim form.
  2. Ensure proper documentation and reporting of the injury or illness.
  3. Cooperate with the insurance company to facilitate claim processing.

By fulfilling these responsibilities, the claim process can progress smoothly for both the employee and employer, ensuring a fair and efficient resolution for workplace injuries and illnesses.

Pre-Hearing Procedures

Medical Treatment and Documentation

It’s crucial for the injured worker to seek appropriate medical treatment from a qualified medical provider. The worker should keep detailed records of all medical treatments, medications, and any other related expenses. These medical records will serve as crucial evidence during the workers’ compensation hearing.

Insurance Adjuster and Carrier Communication

Throughout the process, the injured worker must maintain open communication with both the insurance adjuster and the insurance carrier. Promptly and accurately reporting any changes in the worker’s medical condition, treatment, or employment status is essential. Maintaining a written record of communications, including dates and summaries of phone calls or emails, can help ensure accuracy and clarity.

Pretrial Conference and Legal Preparation

Before the actual hearing takes place, a pretrial conference may be scheduled. This is an opportunity for the worker’s attorney to discuss the case with the insurance carrier’s representatives and attempt to resolve any disputes without proceeding to a full hearing.

During this time, the injured worker’s attorney will gather all necessary documentation, such as medical records, witness statements, and the appropriate paperwork, to make legal arguments at the hearing. Preparing a solid legal strategy is vital to ensuring a successful outcome during the workers’ compensation hearing.

Workers' Compensation Hearing

Workers’ Compensation Hearing

Administrative Law Judge and Court Reporter

At a Workers’ Compensation hearing, in North Carolina, a Deputy Commissioner (DC) presides over the proceedings. The DC is responsible for reviewing the evidence presented, listening to the testimonies of all parties involved, and making a decision regarding the claimant’s eligibility for Workers’ Compensation benefits. A court reporter is also present at the hearing, responsible for recording all statements made during the hearing and creating a transcript of the event for future reference.

Presenting Evidence and Witnesses

During a Workers’ Compensation hearing, both parties – the injured worker and the employer or their insurance company – have the opportunity to present evidence and call witnesses to support their case. Evidence may include medical records, unpaid medical bills, documentation of lost wages, and employment records. Witness testimonies can include medical professionals, coworkers, and the injured worker themselves.

To support their case, the parties may utilize various formatting options such as tables or bullet points when presenting evidence:

  • Medical records
  • Unpaid medical bills
  • Evidence of lost wages (pay stubs)
  • Personnel and employment records

The DC considers the evidence and testimonies presented to make a well-informed decision regarding the workers’ compensation claim.

Settlement Negotiations and Alternative Resolutions

In some cases, parties might attempt to resolve their Workers’ Compensation cases before the hearing through settlement negotiations. If both parties reach an agreement on the compensation, the settlement agreement is submitted to the DC for approval, and the hearing may not be necessary.

If alternative resolutions do not result in a settlement, the Workers’ Compensation hearing proceeds, and the DC will review all the presented evidence, listen to the testimonies, and make a decision. The decision of the DC can be appealed by either party if they are not satisfied with the outcome.

Benefits and Monetary Compensation

Types of Workers’ Compensation Benefits

Workers’ compensation provides a variety of benefits to employees who suffer injuries or illnesses related to their job. These benefits aim to cover the costs associated with the injury and help the worker recover physically and financially. Some common types of workers’ comp benefits include:

  • Medical benefits: Workers receive coverage for necessary medical treatments, medications, and therapies related to their occupational injury or illness.
  • Temporary disability benefits: If the injured worker is temporarily unable to work due to their injury or illness, they may receive partial wage replacement to cover lost income.
  • Permanent disability benefits: When an employee sustains a permanent impairment due to their workplace injury or illness, they may be eligible for long-term wage replacement benefits based on the severity of the impairment.
  • Vocational rehabilitation: If the injured worker cannot return to their previous job due to their injury, workers’ compensation may support their efforts to obtain new skills and find suitable employment.

Lost Wages and Medical Bills Coverage

Lost wages and medical bills are two significant financial concerns for injured workers. Workers’ Compensation aims to alleviate these burdens by providing coverage for these costs.

Lost wages: When an employee is unable to work due to a workplace injury or illness, Workers’ Compensation benefits typically cover a portion of their lost income. The exact amount can vary, but it usually falls between 60-70% (NC=.6667 AWW) of the employee’s average pre-injury wage, according to Nolo. These wage replacement benefits can be temporary or permanent, depending on the nature and severity of the injury.

Medical Bills: Workers’ Compensation covers all necessary and reasonable medical expenses related to the employee’s work-related injury or illness. This includes coverage for treatments, medications, therapies, and medical equipment. However, employees should be aware that workers’ compensation may require them to see a medical provider within the insurance company’s network or adhere to specific treatment guidelines.

Appealing a Workers’ Compensation Decision

Reasons for Appeal

There could be various reasons for appealing a Workers’ Compensation decision, with the most common reason being that the claim has been denied. The denial might be due to issues with the claim documentation, the employer disputing the claim, or the insurance company finding insufficient evidence to support the claim. In such cases, the injured employee has the right to seek further action in order to receive the compensation they deserve.

Steps Involved

Here’s an overview of the primary steps involved in appealing a workers’ compensation decision:

  1. Filing a Claim Petition: To initiate an appeal, the injured employee must file a Form 44 with the NC Industrial Commission within a specified time frame, usually 15 days from receiving the denial notice.
  2. Preparation for the Hearing: The employee should gather all relevant documentation, including medical records, employment records, and testimonies from witnesses to support their claim. They may also benefit from legal representation at the hearing.
  3. Workers’ Compensation Hearing: During the hearing, the employee will present their case to a Workers’ Compensation panel of 3 Commissioners, providing all the necessary information and evidence. They may be questioned by the judge or the opposing party to confirm the facts of the case.
  4. Full Commission’s Decision: After evaluating all the presented evidence, the judge will make a determination regarding the case, either approving or denying the appeal. If the decision is not favorable, the employee may have further legal options, such as a review or appeal to a higher court or administrative body.


The timeline for appealing a Workers’ Compensation decision may vary depending on the specific case and jurisdiction. In general, it can take several weeks to several months for the appeal process to unfold. This includes time spent preparing for the hearing, the actual hearing itself, and the commission’s final decision. The entire process can be time-consuming, so it is essential to stay organized and prepared throughout the appeal process to ensure the best possible outcome.

Frequently Asked Questions

Frequently Asked Questions

How long is a hearing?

A Workers’ Compensation hearing typically lasts a few hours, but the exact duration may vary depending on the complexity of the case and the number of witnesses involved.

What documents should I bring?

It is essential to bring all relevant documents to the hearing, such as medical records, accident reports, witness statements, and any communication with your employer or the insurance company. These documents will serve as evidence to support your claim.

Can my employer attend?

Yes, your employer may attend the hearing and may also have legal representation present. In some cases, the employer or their representative may ask questions or present evidence to contest the claim.

Do I need a lawyer?

While hiring a lawyer is not mandatory, having legal representation can significantly benefit your case. A Workers’ Compensation attorney can help you navigate the process, gather evidence, and advocate on your behalf during the hearing.

How is a settlement decided?

Any settlement be approved by the NC Industrial Commission based on the evidence presented. Factors such as the severity of the injury, lost wages, medical expenses, and the degree of disability will be taken into consideration while deciding the settlement amount.

What can I expect after the hearing?

Once the hearing concludes, the judge will issue a written decision. This decision may either grant or deny the workers’ compensation benefits and will specify the reasons for the ruling. If the judge rules in your favor, the decision will outline the benefits you are entitled to receive. If you disagree with the decision, there may be an option to appeal the ruling within a specified time frame.

Are you dealing with a Workers’ Compensation claim in North Carolina?

Look no further! Perry Morrison of Morrison Law Firm PLLC is here to help. With years of experience and expertise in workers’ compensation law, Perry knows how to navigate the complexities of your case.

Whether you’ve been injured on the job or need guidance on filing a claim, Perry is the attorney you can trust. He understands the challenges you’re facing and will fight tirelessly to ensure you receive the compensation you deserve.

Don’t delay! Contact Perry Morrison today at 252-243-1003. Let his knowledge and dedication work for you. Remember, when it comes to Workers’ Compensation, “Perry Knows” how to protect your rights and secure your future.

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