What happens in a workers’ compensation hearing?


Posted December 18, 2019 by azworkcomp

The injured worker must appear, in person, to the initial hearing. If you need an interpreter, you must request an interpreter with the ICA, in advance.

 
Under Arizona law, an injured worker can request a hearing before an administrative law judge if the employer’s insurance company has denied the claim or workers’ comp benefits.

Requesting a hearing

The injured worker can complete the ‘Request for Hearing’ with the Industrial Commission of Arizona (ICA) or the worker may submit a letter with the claim information that requests a hearing with the ICA. The form can be submitted electronically on ICA’s Website or by mail.

The ICA will then issue a Notice of Hearing with the date, time and location of the initial hearing for the injured worker. Consult an experienced workers’ comp attorney for help with requesting a hearing before a judge and the hearing itself.

The Hearing

The ICA assigns cases to an administrative law judge.

The injured worker must appear, in person, to the initial hearing. If you need an interpreter, you must request an interpreter with the ICA, in advance. The interpreter will be provided by the ICA, at no cost to the injured worker.

Once the hearing a set, the rules of procedure will determine the deadlines for submitting evidence and requesting witness and physician testimony. An injured worker, not familiar with the law and the workers’ compensation process, may feel overwhelmed at this stage. An attorney can help you navigate the workers’ compensation hearing procedure.

If the injured worker misses the hearing, the insurance company can ask the judge to dismiss the request for hearing.

At hearings, the judge will ask questions to the injured worker about the injury. The insurance company’s attorney will then ask the injured worker questions. After this, the injured worker or their attorney can ask questions of their witnesses.

If an injured worker arrives unrepresented at the initial hearing and decides to have an attorney, they may express their desire to judge. The judge can then reset the hearing to allow the unrepresented worker to obtain counsel.

Workers’ Compensation Attorney and the Hearing

An experienced workers’ comp attorney can help injured workers navigate the complex process of workers’ compensation hearing. They will review your file thoroughly, subpoena witnesses, submit appropriate evidence, prepare you for the hearing and the questions, and ask questions of your witnesses and physician.

Since the employer’s insurance company will have their own attorneys, it makes sense for you to have your own legal counsel at your side, so that you can get what you deserve.

To consult the best workers’ compensation attorneys in Phoenix, Arizona, call Arizona Injury Law Group at 602-346-9009. Arizona Injury Law Group PLLC offers workers’ compensation attorneys who help injured workers seek benefits and justice and a voice standing up for you!
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Issued By Montrose and Chua PLLC
Phone (602) 346-9009
Business Address 4600 N 12th Street
Phoenix, AZ 85014
Country United States
Categories Law , Legal
Tags az work injury lawyers , phoenix workers comp attorney , phoenix workers compensation attorney
Last Updated December 18, 2019