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In most work injury cases, the injured worker’s attorney and the representatives from the workers’ compensation insurance provider negotiate a settlement for past wages, medical bills, and any other benefits you may be eligible for. 

In a small percentage of cases, where the insurance company and the lawyer representing the injured worker cannot come to an agreement, the case will go to a hearing.

Purpose of a Workers’ Compensation Hearing

The purpose of the hearing is to determine whether the injured worker is eligible for work comp benefits.

 Both sides (the injured worker and the insurance company denying their benefits) present their evidence to a work comp judge who will decide whether or not the requested benefits should be awarded to the injured worker.

Process of a Workers’ Compensation Hearing

The process is similar to a courtroom but less formal than a traditional court of law.

While it’s not required, it is certainly suggested that you have an attorney for the hearing. 

Before the hearing, both sides will typically exchange whatever evidence they are bringing to the hearing. 

The hearing is overseen by a workers’ comp judge; there is not a jury present. 

When you have the workers’ compensation lawyers at Arechigo & Stokka on your side we will help you prepare for, and successfully work through your workers’ compensation hearing.

Evidence that will Be Introduced at a Work Comp Hearing

During the hearing, both sides will present evidence including medical records, statements from the hospital, witness testimony, reports, photos or videos. 

The judge will then make a ruling within 60 days of the hearing. 

Outcomes of a Workers’ Compensation Hearing

After the hearing either you will have been granted the benefits that you requested, or if they were again denied, then we can work towards filing an appeal. 

Free Consultation for Injured Workers

Only a small percentage of work injury claims go all the way to the point of having a hearing.

You do not have to wait until the point of the hearing to hire a workers’ compensation lawyer

You can hire an attorney to help you through the entire process. 

This can often put you in a much better position to negotiate a favorable settlement before the need for a hearing even arises. 

It costs $0.00 to hire a work comp lawyer to represent you. 

We are paid a percentage of the recovery we secure on your behalf, so if you do not win, you pay nothing. 

Contact us today to schedule a free consultation to learn more about your options and the benefits that may be available to you.

Author Photo Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice on defending injured workers in Minnesota.

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