The big day arrives. It’s time for your workers compensation hearing.
You have gathered information from your treating physicians, witnesses, and the defendants through the litigation discovery process.
You have entered stipulations, narrowing the issues in dispute after reviewing interrogatory answers and responses to requests for production and requests for admissions and giving and taking depositions.
You have researched the legal issues and printed the precedent (case law) that is on point with the facts of your case.
You have prepared a Designation of Medical Records to give to the judge presiding over your case, submitting only those records that prove causation, disability, and necessary treatment.
You have decided which witnesses to call to testify.
And you have read my article on what happens at a workers comp hearing.
Now what?
You are ready to call the first witness to testify – you!
This article explains common questions asked at workers compensation hearings and what topics to discuss during your direct examination to tell your story effectively. I also provide sample questions that satisfy the rules of evidence and help you win.
Your ability to receive medical treatment and income for the work injury rests on proving your case at trial. And proving your case at trial depends, in large part, on your ability to present testimony and facts on every element needed to prove your claim. Direct examination is the time to do that.
Please keep reading to learn more about workers comp hearing questions.
If you have questions about your case or want to hire a top-rated workplace injury lawyer, call me for a free consultation: (804) 251-1620 or (757) 810-5614.
My injury and accident law firm has helped thousands of injured individuals recover benefits and negotiate settlements under workers comp law, and we want to help you and your family.
The trial is your opportunity to introduce yourself to the judge, describe the workplace accident and resulting injuries, prove that your disability resulted from the work injury, and tell the judge other information necessary to get all the workers comp benefits available. And to do so in the shortest yet most effective way possible.
In every workers compensation case, you have the burden to prove each element of the claim, with few exceptions. Your testimony on direct examination is an essential part of this.
Your direct examination serves several purposes:
The next section of this article provides a sample direct examination (with commentary) to serve as a template for hearing.
I understand how difficult and stressful a trial can be for you.
Knowing what testimony you will have to give by understanding what questions are asked at a workers comp hearing can reduce your stress and improve your odds of winning at trial.
Credibility often determines whether you win at trial or not.
An excellent first impression can help you prove that you are credible and likable and deserve to win.
You do this by answering questions about yourself, your family, your role in the community, and your career.
General background questions in workers comp hearings include:
For a few reasons, educational background and vocational (job training, etc.) questions are asked at workers comp hearings.
This information is vital when the insurer alleges that you can return to full duty, that your job search is inadequate, or that you unjustifiably refused light duty work offered by the employer.
Expect questions such as:
Your employment history not only builds your credibility but also proves your job search is adequate.
Expect questions such as
You can receive workers comp benefits even if you have a preexisting condition.
For example, I have helped injured employees with conditions such as arthritis (of the knee, hand, ankle, or shoulder) or degenerative disc disease of the spine (back or neck) win at hearing – even when they had surgery before.
I have also won claims for clients who injured the same body part in the past, such as a prior head injury (but now post-concussion syndrome) or torn rotator cuff. But you must prove that the most recent workplace injury contributed to the condition in its current state.
You prove a causal relationship between the work injury and the preexisting condition by showing that the work injury exacerbated, aggravated, flared up, worsened, or accelerated the condition (or surgery such as spinal fusion or joint replacement). Often this requires a letter or questionnaire response from your doctor. But your testimony about how your current symptoms and disability are different can help win your case.
Expect questions such as:
After introducing yourself and establishing the background to your workplace accident, you should turn to the accident itself and your injuries and medical treatment. In fact, the bulk of the hearing should focus on these issues.
Typical questions about the accident include:
Surveillance footage or photographs of the location where you were hurt or the machinery you were using when injured can help prove this element. Similarly, property damage photographs can help show the nature of the accident and the extent of injuries in cases involving motor vehicles (cars, forklifts, tractor-trailers, etc.).
The Workers Compensation Act requires you to notify your employer of the work accident and injury, in writing, within thirty days. A failure to do so could result in giving up benefits (there are some exceptions, such as actual notice or lack of prejudice to the employer)
To establish timely notice, expect the following questions:
You might not have been the first person to report the incident to your employer, especially if you were in severe pain or required immediate medical treatment.
In this situation, tell the court if a family member or co-worker reported the accident and injury, then provide as much detail about the reporting as possible.
If you have questions about notifying your employer, view my sample letter reporting a work injury.
After describing how the accident happened and who you reported it to, it’s time to answer questions about your injuries.
Common questions about the injury include:
Demonstrative evidence such as pictures of the injured body parts right after the accident can help you prove this element of your claim.
I do not recommend spending much time on your medical treatment during the workers comp hearing, particularly if Virginia has jurisdiction over your work injury claim.
You will submit relevant (and supporting) medical documents to the judge, who will review the records themselves. Then, rely on these papers to prove the medical elements of your claim.
However, you should provide some background over your medical care to suggest to the judge what they should look for when reviewing your medical designation.
For example, you should prepare to answer questions such as:
However, there are situations where you should provide more information about medical care.
First, in occupational disease cases, you should answer questions relating to when your doctor communicated the diagnosis of the disease and when you first found out the disease was work-related. The date of communication of the disease is equal to the date of injury – it determines when the statute of limitations starts to run.
Second, you should be able to clarify any inconsistencies in the medical records that could hurt you. For example, if you disagree with the initial history in the first medical note after the accident, explain why you think it is wrong – or how it happened.
There are some exceptions, but for the most part, you need a doctor taking you out of work to recover wage loss benefits in workers comp.
Expect questions such as:
Direct examination is the time to explain whether you have returned to work since the injury and, if so, what difficulties you had.
Examples of questions include:
If you have not returned to work since the injury, say so.
There are three situations where you do not have to look for work within your medical restrictions and limitations:
First, you do not have to look for work if you have a Workers Comp Award Letter providing an open (ongoing) award of wage loss benefits.
Second, you do not have to look for work if you seek only compensation for permanent loss of use of the injured body part (permanent partial disability benefits).
Third, you do not have to look for work if your physician has disabled you from all employment or stated that you could not drive because of the injury.
Otherwise, you must present evidence and testimony of a job search.
Questions on this issue may include:
I recommend bringing copies of all job applications, job descriptions you viewed and applied to, and a job search log showing when you applied to each job and the date you received a response.
Identify these items (and how you gathered them), then ask the judge to admit the job search documents into evidence.
Usually, I end the direct examination of my client with questions about their current symptoms and how these symptoms limit their ability to work or complete activities of daily living.
Sample questions include:
The questions listed in this article are just some of those you can expect to have to answer at your workers comp hearing.
I recommend discussing your claim with a personal injury attorney to prepare for anything at trial.
If you were hurt in a workplace accident or car crash, call me for a free consultation: (804) 251-1620 or (757) 810-5614. My personal injury law firm will help you through every stage of the workers comp claim process.