Workers Compensation Trials

Under workers compensation an employer is liable to compensate the employee for an injury sustained in the course and scope of work. Most workers compensation cases are resolved through a settlement agreement. However, some special cases that cannot be resolved have to be decided in a trial. Statistically, around 5 percent of workers compensation cases go to trial. This trial is often referred to as an evidentiary hearing.

This trial is conducted before an administrative law judge, in the same manner as non-jury civil trial, in a Missouri circuit court. The rules of evidence apply, and the employee bears the responsibility of gathering evidence pertaining to all the issues being contested in the case. In simple terms, it means that if the employee fails to provide admissible evidence in support of his claims, he will lose the case. So, it is important that the employee prepares well for the case, and gathers all relevant evidence that will strengthen his case, and improve his chances of winning.

It is in the best interest of the employee to seek the services of an experienced and competent St. Louis workers compensation lawyer to represent them in the trial. Their lawyer will help gather all records, evidences, and then successfully and professionally represent your case before the administrative law judge.

There are essentially two kinds of trials in workers compensation cases. One is known as the hardship hearing and the other is known as the final hearing. The hardship hearing is the one that is requested by an employee or his lawyer whenever there is a dispute pertaining to payment of temporary total disability benefits, medical treatment, or both. As a result of this trial, the judge issues a temporary or partial award, which means that the judge has decided on some issues, but the case still remains open. However, in some cases, depending on the facts, the administrative judge may issue a final award, which closes the case. Either of the parties can appeal against the ruling.

On the other hand, the final hearing can be requested by any of the involved parties. This is generally done after the employee has already undergone medical treatment and the parties have had enough time to prepare evidence for the evidentiary hearing. Essentially, the judge decides if the employer should compensate the treatment cost of the employee.

Missouri Workers Compensation

In order to ensure that your cases is presented accurately before an administrative judge, it is important to consulting with an experienced attorney. If you have been injured on the job, contact an attorney at the Law Office of James M. Hoffmann. We have over 20 years of experienced successfully representing injured Missouri workers.

Call (314) 361-4300 to schedule a free consultation with a St. Louis workers compensation lawyer.