What Happens at a Workers' Compensation Hearing?

Did you know that you can receive Pennsylvania workers’ compensation without having to appear at a hearing before a Workers’ Compensation Judge?

If you suffer a work-related injury and the workers’ compensation carrier accepts your injury, you will receive payments for wage loss and medical benefits. However, in most instances, things don’t go that smoothly, and in order to get you the benefits you deserve, a workers’ compensation lawyer has to get involved and file a Petition — which means you have to go to a hearing before a Workers’ Compensation Judge. Since there are Workers’ Compensation Judges located throughout the Commonwealth of Pennsylvania, you will go to a hearing office close to where you live, making it more convenient for you.

Hypothetical Situation: Let’s start with the most basic example of when you would have to go to a hearing: you have a work-related injury, it is denied by the workers’ compensation carrier, and you can’t work. At this point, you have no money coming in and can’t get much-needed medical treatment.

What to Expect

The first step is to get benefits. To do this, you can retain a workers’ compensation attorney, who can then file a Claim Petition and any other Petition(s) necessary in your situation. The Petition is electronically filed through the Pennsylvania Bureau of Workers’ Compensation and is assigned to a Workers’ Compensation Judge in your general area. After assignment, the Judge’s office will mail out a Notice of Assignment, followed shortly by a Notice of Hearing.

What Happens at the First Hearing?

Every Judge is different and runs his or her courtroom a bit differently, but essentially the evidence gets admitted one way or another for the Judge to ultimately decide who wins — you, or your employer and their workers’ compensation carrier — if the matter does not settle.

Do I Have to Testify?

Typically, you will testify at the first hearing about how you were injured, the particulars of your job title and duties, and your story regarding medical treatment, symptoms, and how the work has affected you. An experienced workers’ compensation lawyer will ask the right questions to get the right answers on the record. When you or anyone else testifies, a Court Reporter will be present to transcribe your testimony. Your attorney will then order a copy so it can be reviewed for any later testimony that might refute yours, and for the writing of a Brief for the Judge to help him or her decide the matter.

How Long Does the Hearing Process Last?

There will be subsequent hearings for submission of medical expert deposition testimony and possible fact witness testimony from either side. Some Judges, however, use a “one day-one trial” system, where all testimony and evidence is presented at a single hearing. In that situation, depositions are taken beforehand in the attorneys’ and medical experts’ offices, with the transcripts submitted at the final hearing.

No matter how your Judge handles your hearing, it is important to retain an experienced workers’ compensation lawyer to handle your situation, as they will be familiar with the assigned Judge and their particular litigation and courtroom style — which will make things go much smoother for you.