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When we move your workers’ compensation case into litigation and file a request for a hearing, you will receive an official notice in the mail — yes, regular “snail mail,” old school style. That notice will tell you which judge your case is assigned to, where the hearing will take place, and the scheduled date.
Here’s the most important thing you need to know:
Do not show up to a workers’ comp hearing just because you received a notice — unless your lawyer has specifically told you to go.
Before any hearing, you and your attorney must meet and prepare. We need to discuss how the hearing works, what questions will be asked, and how cross-examination will go. Showing up without preparation can hurt your case.
Workers’ compensation hearings are almost always postponed — sometimes multiple times. I’m recording this in January, and I’m already seeing hearings scheduled for February. If it’s the first, second, or even third setting, there is a 99% chance the hearing will not actually go forward.
In reality, if I file a hearing request today, I would expect the case to actually be heard much later — often in the fall, around Thanksgiving or even Christmas — not anytime soon.
So please, never assume a hearing is happening just because you received a notice. Always assume it will be postponed unless we tell you otherwise.
Showing up unnecessarily can lead to several problems:
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You’ll waste valuable time
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You’ll pay for expensive downtown parking
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You’ll feel embarrassed when nothing happens
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And worst of all, the judge may be upset with your attorneys for “not informing you,” even when we did
Unfortunately, judges often assume that lawyers don’t communicate with their clients — which is not true — but it still reflects badly on your case and puts you in an uncomfortable situation.
Bottom line:
Never attend a workers’ compensation hearing unless your lawyer has spoken with you, prepared you, and clearly instructed you to be there.
