Is It a Good Idea to Go to Court for a Worker's Compensation Claim?

Quite honestly, going to court for your workers' compensation claim is not an ideal situation to be in. We advise that injured workers should try his best to resolve the issue through amicable means such as settlement or mediation. However, in case the injured worker is unable to get compensation through these means, he should consider taking his case to the courts.

Workers' compensation court hearings are often a serious matter, where attorneys from the insurer's side would go to any extent to prove that their stance is correct. The attorneys are highly experienced and they may furnish proofs such as videos and your past records to prove that they were correct in denying you the compensation. The injured worker should be prepared for thorough questioning.

In making the decision to go to the court or not, you should seek advice from an experienced Missouri workers compensation attorney. Your attorney would carefully consider all pros and cons of going to the court, and then recommend the best possible course of action. If you and your lawyer believe that the rewards of going to the court outweigh the risks, you should consider going to the court. If your attorney feels that the risk is higher and the stress and hassle involved in a court battle is not worth the effort, then you should most likely settle your case. In any case, having a competentattorney by your side can prove invaluable during this process.

If the insurance company is totally adamant, and fails to agree that your injury or illness is indeed work-related and denies you workers compensation benefits, then it is in your best interest to let a judge decide your case.

It is important that you go to the court well-prepared, because there will be an attorney ready to figuratively tear you apart with his questions. Make sure you have all the records and witnesses ready when you go to court for your hearing.

Court Process

In a worker's compensation case, preparation may take from weeks to months depending on the complexity of the case. When you reach the courtroom for a hearing, there will be a judge, you, your lawyer, and the opposing lawyer. Both the parties will be asked to make opening statements, and then present the evidence. Witnesses are questioned and cross examined by both lawyers. The injured worker gets the first chance to present his side, and then the opposing party gets their chance.

Make sure you spend time with your Missouri workers compensation attorney to prepare well for the hearing. It is important for you to be dressed well, and to stay calm and composed. Make sure you present all facts truthfully and confidently.

The judge will hear statement from all parties and issue a ruling. It may take weeks and even months for the judge to give the final ruling. If you think you need to take your case to the court, speak with a workers compensation at our law office office. Call (314) 361-4300 for a free case evaluation.