Scheduled For A Hearing In A Louisiana Workers’ Compensation Case? Here’s What To Expect

The Louisiana workers’ compensation law entitles most Louisiana workers to benefits like wage replacement benefits and medical costs when they are injured at work. The Louisiana Workforce Commission was established to administer the Louisiana workers’ compensation law, and to process and oversee workers’ compensation claims made by Louisiana workers. Under the law and through the commission, the workers’ compensation claim process can be a complex system with several stages that workers may go through as they fight for workers’ compensation benefits. One of those stages is the hearing stage, which is the chance for injured workers to testify as to their case in front of a workers’ compensation judge.

Hearings in Louisiana Workers’ Compensation Cases

A hearing is a formal proceeding before a judge. In the context of workers’ compensation cases, hearings take place before an administrative law judge who is part of the Louisiana Workforce Commission. A hearing in a workers’ compensation case is typically the time when an injured or ill worker can tell their story to the judge and why they are entitled to benefits under the law. This is called “testifying”, which refers to making a statement or declaration under oath. During a workers’ compensation hearing, the judge will likely ask the injured worker questions. The Injured workers’ representative or lawyer may also ask the injured worker questions if they think more information will help provide a basis for the judge to award workers’ compensation benefits.

Timing of a Louisiana Workers’ Compensation Hearing

Importantly, the purpose of a workers’ compensation hearing is for the judge to hear from the injured worker as to why he or she should be awarded workers’ compensation benefits. A hearing is scheduled in a Louisiana workers’ compensation case when there is a dispute between the worker and employer about whether benefits should be awarded. First, an injured worker must make a claim for benefits. If that claim is denied, the injured worker can appeal the decision. In addition, the injured worker can try to resolve the claim by settling with the employer’s insurance company. If a settlement is not reached in the case, the injured worker will go to hearing to fight for their case. The employer’s insurance company and its lawyer will also most likely be present at the workers’ compensation hearing and will also testify.

Legal Help with Your Louisiana Workers’ Compensation Hearing

Injured workers who have been scheduled for a hearing in their Louisiana workers’ compensation case should immediately reach out to an experienced Louisiana workers’ compensation attorney to get help. As noted, a hearing is a formal legal proceeding, and knowing the ins-and-outs of the hearing process is very beneficial when testifying before a workers’ compensation judge. An experienced Louisiana workers’ compensation lawyer can attend a hearing with the injured worker and can help the injured worker fight to get their benefits. If you have questions about your workers’ compensation hearing, or you would like to speak to an experienced Louisiana workers’ compensation lawyer, contact the lawyers at Lunsford, Baskin & Priebe today for a confidential consultation to see if they can help.