The workers’ compensation hearing process in Louisiana allows injured employees to resolve disputes about their benefits through a formal hearing before a workers’ compensation judge.
A hearing is typically scheduled when there is a disagreement between the worker and their employer or the employer’s insurance company regarding any part of a workers’ compensation claim.
During the hearing, both sides present evidence and testimony, and the judge issues a legally binding decision. Understanding each step of this process—and working with an experienced Lafayette workers’ compensation lawyer—can help workers feel more prepared when facing a disputed claim.
Why Hearings Are a Key Part of Louisiana’s Workers’ Compensation System
Most Louisiana workers’ compensation claims are settled without the need for a hearing. However, if an employer or insurance company denies a claim, disputes benefit amounts, or refuses to pay for certain medical treatments, the injured worker may need to request a formal hearing.
In these situations, a hearing ensures both sides can present their case in a fair, structured setting. The hearing helps protect the rights of injured workers by providing a legal forum for resolving disagreements over benefits and compensation.
Common reasons for requesting a hearing include:
- Disputes over whether an injury is work-related
- Denied claims for lost wages or medical care
- Disagreements about the worker’s level of impairment
- Delays in payment of benefits
- Discontinuation of benefits without proper notice
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientStarting the Process: Filing a Disputed Claim for Compensation
The first formal step toward a hearing is filing a Disputed Claim for Compensation (Form LWC-WC-1008) with the Louisiana Office of Workers’ Compensation Administration (OWCA). Filing this form signals that there is a dispute and that the injured worker is requesting intervention from the court.
After receiving the form, the OWCA assigns the case to a judge at one of the ten district offices across the state. The judge oversees the case through its entire lifecycle, including pre-hearing conferences, discovery, the hearing itself, and any post-hearing motions.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientPre-Hearing Conferences and Discovery
Before a formal hearing takes place, the judge typically schedules one or more pre-hearing conferences. These are informal meetings between the judge, the injured worker (or their attorney), and the employer’s insurance company or legal representative.
The goal of pre-hearing conferences is to:
- Clarify issues in dispute
- Set deadlines for discovery
- Encourage early settlement of the case
During the discovery process, both sides gather and exchange evidence. This may include:
- Medical records and reports
- Employment records
- Witness statements
- Expert testimony reports
- Any other documents related to the claim
Discovery allows each side to understand the strengths and weaknesses of the case before proceeding to a full hearing.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientPreparing for the Workers’ Compensation Hearing
A Louisiana workers’ compensation hearing is similar to a trial, although it takes place in an administrative court. It is presided over by a workers’ compensation judge but does not involve a jury.
To prepare for the hearing, injured workers (often with the help of an attorney) should:
- Collect all relevant medical and employment records
- Identify and prepare witnesses who can testify on their behalf
- Work with medical experts who can explain the nature and extent of the injury
- Prepare a personal testimony to describe the impact of the injury on daily life and work ability
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWhat Happens During the Hearing
At the hearing itself, both sides present their case to the judge. The typical hearing involves:
- Opening statements: Both sides briefly outline their positions.
- Testimony: The injured worker may testify about the circumstances of the injury, the medical treatment received, and how the injury affects their life. Witnesses and medical experts may also testify.
- Cross-examination: The employer’s attorney can cross-examine the worker and other witnesses.
- Presentation of evidence: Medical records, reports, and other supporting documents are entered into the record.
- Closing arguments: Each side summarizes its arguments for the judge.
Hearings generally last a few hours but can take longer depending on the complexity of the case.
When to Expect the Judge’s Decision
After the hearing, the judge reviews all evidence and testimony. The judge then issues a written decision, typically within 30 to 45 days. The decision is legally binding and outlines what benefits, if any, the worker will receive.
The judge’s ruling may:
- Approve the full claim and award benefits
- Approve some benefits but deny others
- Deny the claim entirely
What if You Disagree with the Decision?
If either side is dissatisfied with the judge’s decision, they may file an appeal. In Louisiana, appeals are handled by the Louisiana Circuit Court of Appeal. An appeal must be filed within 30 days after the judge’s decision is issued.
The appellate process is more complex and often requires a detailed legal brief explaining why the judge’s decision should be overturned. While appeals can take several months to resolve, they offer an important option when there are legal errors or unfair rulings in the original hearing.
How We Help Injured Workers Through the Hearing Process
At Laborde Earles, we know that facing a workers’ compensation hearing can be intimidating, especially when you are trying to recover from an injury and support your family. That’s why we work closely with injured workers across Louisiana, helping them at every stage of the process.
When we represent a client in a hearing, we:
- File the necessary legal documents to protect your rights
- Collect strong evidence to support your claim
- Work with expert witnesses when needed
- Negotiate settlements that fairly compensate you for your injuries
- Represent you at hearings so you do not have to face the insurance company alone
- Handle appeals when necessary to pursue the benefits you deserve
Talk to Our Louisiana Workers’ Compensation Attorneys Today
If you are preparing for a workers’ compensation hearing in Louisiana or dealing with a denied claim, we can help. At Laborde Earles, we are committed to helping injured workers across our state receive the compensation they need to move forward.
We invite you to contact us today for a free consultation to discuss your case and learn how we can support you.
