Workers’ Compensation Hearing Lawyers in San Jose

Handling Hearings Before the WCAB

In California, the Workers’ Compensation Appeals Board (WCAB) will handle workers’ compensation denial cases and appeals. It does so by hosting hearings, during which both sides can prevent arguments and evidence to show why the workers’ compensation claim has either been handled correctly or mishandled.

Taking a case before the WCAB is a big undertaking, especially if you have reason to believe the opposing party will put up a fight. Give your case the support and guidance it needs by relying on Pacific Workers', The Lawyers for Injured Workers in San Jose. Our workers’ compensation hearing attorneys are always ready to help injured workers in our communities get the benefits or settlements that they deserve after a workplace accident.

Call to see how we can help you with a WCAB hearing.

Initial Steps for a Workers’ Comp Hearing

When you first start working with our law firm, we will want to make sure that the reason why you are requesting a WCAB hearing is legitimate. For example, if your workers’ comp claim was denied, then we can review the denial letter and the circumstances of your injury to see if the denial was justified. Once we have confirmed that your case should move forward to a hearing, we can file the appropriate documents to take action against the insurance company or employer that denied the claim.

The hearing process can be divided into four steps:

• Conciliation: The conciliation step acts as the first chance to negotiate a different outcome or settlement with the help of a workers’ comp lawyer.
• Conference: The conference step puts both sides before a judge to present the groundwork for their arguments. This step allows the judge to deny the case, approve it for a hearing process, or compel an amicable solution.
• Hearing: The hearing process can feel the most involved, even like a courtroom trial with evidence and witnesses. We prepare every case for a hearing, even if we are hopeful that conciliation or conference will work.
• Reviewing board: If a hearing’s ruling is challenged by either party, the case can be appealed to the Reviewing Board to make a final decision. Involving the Reviewing Board is rare but not unheard of.

Preparing for the WCAB Hearing

Documents that can help our workers’ comp lawyers prepare for your WCAB hearing include:

• Medical records
• Unpaid medical bills
• Witness contact information and statements
• Anything else you think could be relevant

The preparation process can seem intimidating, but we will be by your side and provide full support and guidance. We want to make sure that you are ready for whatever the workers’ compensation hearing can involve.

What to Expect at WCAB Hearings

During a typical WCAB hearing, you can expect:

• Evidence presentation: Both sides of the case will be permitted to use evidence, testimonies, and more to support their arguments. Our attorneys will argue that your benefits should be provided correctly, and the opposing side – which could be an insurance company representative and not someone from your employer’s company – will argue that your benefits should be denied or limited.
• Courtroom disposition: Although a workers’ compensation hearing is not a courtroom case, it can feel like one in terms of procedures and professionalism. We can walk you through what to expect and what to do, which could be as simple as showing up and letting our attorney do all the talking and arguing for you.
• Judge’s ruling: It is common for a workers’ compensation judge (WCJ) to provide a ruling immediately after all arguments from both sides of a hearing have been concluded. Rulings or decisions can be en banc, significant panel, panel, or pend on appellate grants.The ruling could be out of your favor, which would mean that your claim is still denied. If this happens, then it might be possible to file another appeal. Hopefully, the ruling will be in your favor, though. If this happens, you could be provided the workers’ compensation benefits you were initially owed, or the insurance company could be compelled to offer a financial settlement that will cover your past and future losses instead.

Ready to Help from A to Z – Call Now

Pacific Workers', The Lawyers for Injured Workers in San Jose proudly represents injured workers in all industries with all manners of cases, including those that involve a hearing before the Workers’ Compensation Appeals Board. If you need any help at all with a workers’ comp hearing or a claim that could involve one, please don’t hesitate to reach out to us as soon as you can. You could have very little time to request a hearing or file an appeal, so dial now.