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We’ve talked before about what it means to request a hearing in a workers’ compensation case. Simply put, requesting a hearing means that your case has officially entered the litigation process.
Once that happens, there are a few important things you should expect — and it’s critical that you act quickly.
Interrogatories and Document Requests
After a hearing is requested, you will receive legal paperwork from the insurance company called interrogatories, requests to admit, and requests for production of documents. These are formal and very important requests that require prompt responses.
The insurance company can ask up to 50 questions, along with requests for documents and statements they want you to admit or deny. I always tell our clients the same thing: respond as soon as you receive them. Ideally, we want responses within three days.
Waiting only delays your own case.
Most of the documents requested are routine — things like medical records, a copy of your driver’s license, your address, prior medical providers, or information about past accidents, whether at work or elsewhere.
If you don’t have a document, that’s okay — say you don’t have it.
If you don’t remember something, say you don’t remember.
If you can easily find the information, provide it.
Many of the legal responses will be handled by our office, especially the requests to admit. But, your cooperation and speed are essential. Delaying responses only hurts (by delaying) your case.
Why Timing Matters
Failing to respond quickly doesn’t help you or your lawyer. It simply slows the process down and gives the insurance company exactly what it wants: more delay.
Fast responses keep your case moving forward.
About the Hearing Date You’ll Receive
Once we file a request for hearing, you will also receive a notice in the mail assigning your case to a judge and listing a hearing date. Don’t panic — and don’t assume that date is the “real” date.
Workers’ compensation hearings are postponed many times before they actually go forward. It’s common for a hearing to be rescheduled four, five, or even more times.
You might receive a date like February 2nd and think, “Great, I’m going to court soon.” In reality, that hearing will likely be pushed back months — sometimes six to nine months later, or even into the next year.
This happens because there are only so many administrative law judges, and experienced workers’ comp attorneys often have packed calendars. Cases that have already been postponed multiple times are the ones most likely to finally go forward.
The Bottom Line
Requesting a workers’ comp hearing starts the litigation process, but it doesn’t mean you’re going to court right away.
What does matter immediately is responding quickly to interrogatories and document requests. Doing so helps your case move forward and puts you in the best position for a successful outcome.
As always, if you have questions when you receive paperwork, contact your attorney right away — don’t wait.
