What percentage of workers compensation cases go to trial?
Statistics and anecdotal evidence show that workers comp trials are rare compared to the number of reported occupational injuries, with less than 10 percent requiring a trial.
Most civil cases settle before trial.
Most criminal cases end before trial also, through a guilty plea.
But what about occupational injury claims? How often do workers comp cases go to trial?
This article breaks down available data from state workers compensation agencies and my law firm’s experience resolving thousands of claims for injured employees in Virginia and Maryland to see how often workers go to trial for the benefits they deserve.
As you will see, a trial resolves only a tiny fraction of workers’ compensation cases filed. Instead, a settlement or stipulation resolves most claims and applications.
However, the best way to avoid trial and resolve your case through a workers compensation settlement or an agreement to pay benefits is to prepare and develop your case informally and with pretrial discovery.
Complete this form or call 804-251-1620 or 757-810-5614 for a free consultation with a top-ranked work injury lawyer.
Data from Virginia and Other States on the Frequency of Workers Comp Trials
This section provides numerical data from three states and a conclusion from a fourth state about how often workers compensation cases go to trial.
Example #1: Virginia
Recently, the Virginia Workers Compensation Commission published its 2023 Annual Report.
According to that report, the Commission received 28,154 requests for hearing and 986 assertions of right (a protective filing where an injured worker seeks benefits but asks the Commission not to refer that pleading to the hearing docket).
Employers may also file claims to stop benefits (known as an employer’s applications for hearings). In 2023, employers filed 1,191 such applications.
Further, medical providers may submit applications for payment to the Commission when they have yet to receive complete payment from the self-insured employer or insurance company. The Commission received 1,870 medical provider applications last year.
Therefore, the Commission received 32,201 claims of all types in 2023.
The annual report shows the number of claims and applications the Commission referred for a trial (a hearing in Virginia) and the number of opinions its deputy commissioners issued: 1,185 evidentiary hearing docket opinions and 183 on-the-record docket opinions. Claims decided on the record do not require a trial. Instead, the Commission reviews position statements (written briefs) and documents to determine the case.
Thus, using this data as a guide, less than five percent (4.04%, to be exact) of Virginia workers compensation claims went to trial in 2023.
I recognize that this calculation has several flaws.
For example:
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- Claimants and employers may file multiple claims and applications, which the Commission resolves through one trial.
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- Some of the Commission’s 2023 opinions may have decided requests for hearings filed in 2022.
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- The issued opinions may include decisions granting motions for nonsuits.
However, using the Commission’s numbers, my estimate of how often workers comp cases go to trial matches my experience, with only a tiny percentage going through a trial and appeals.
Example #2: Pennsylvania
Like Virginia, the Pennsylvania Bureau of Workers Compensation published a 2023 Workers Compensation and Workplace Safety Annual Report.
According to statistics within that report, employees filed only 8,506 claim petitions in Pennsylvania last year, a necessary pleading when the employer/insurance carrier fails to accept liability. This number was approximately 10 percent of the total reportable injuries (which exceeded 80,000).
Example #3: Missouri
Although I did not review Missouri statistics, the Missouri Department of Labor and Industrial Relations has said that about 5% of workers compensation cases go to trial.
The state agency should have reviewed its data before publishing that statement, and I will presume it did.
Example #4: Illinois
The Illinois Workers Compensation Commission reports that employees filed 33,353 new claims in 2023.
That same year, arbitrators issued 1,586 decisions. Workers comp arbitrators in Illinois are similar to deputy commissioners in Virginia – they are the first to hear a case.
The Illinois Workers Compensation Commission heard even fewer cases on appeal.
What are the Alternatives to a Workers Compensation Trial?
As the statistics show, workers compensation trials are rare.
Instead, in most instances, the parties (insurers, employers, claim administrators, claimants, medical providers) resolve occupational injury and illness claims and applications by stipulation, award agreement letter, lump sum settlement, voluntary dismissal, or failure to prosecute the case.
We Help Injured Employees Protect their Rights and Reach Successful Resolutions
Like most workers comp claims, you will likely settle or resolve yours without a trial.
But, as you can see, although workers compensation cases go to trial infrequently, it still happens.
Therefore, you must be proactive and build your case as though litigation will be needed. This is the only way to get every penny and medical treatment you need and deserve.
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