Why Is My Workers’ Compensation Case Going to Trial?
Generally, workers’ compensation cases go to trial if your employer–or their insurance company–refuses to provide you with compensation and mediation fails. Most workers’ comp cases do not go to trial, but it is possible your case may be an exception.
If your case is going to trial, you can get help understanding this process from a Lafayette workers’ compensation lawyer. Call or fill out our online contact form to learn more or to get representation for your trial.
Do Workers’ Comp Cases Usually Go to Trial?
Most workers’ comp claims in Louisiana do not go to trial. Instead, workers file compensation claims and receive benefits to cover their medical expenses and a percentage of their lost pay.
A lawyer may also resolve your claim through:
A Settlement
Sometimes, insurance companies handling workers’ comp claims initially refuse to provide compensation. However, your lawyer may negotiate until they agree to an offer that covers your losses through a settlement agreement.
A settlement allows you to receive a lump sum payment for the benefits you’ve missed out on and usually lets you receive ongoing weekly benefits until you’re healed. This is the usual method for resolving a workers’ compensation claim that isn’t granted immediately.
Legal Mediation
The Louisiana Workforce Commission gives you the right to mediation if your employer and insurance companies refuse to treat you fairly initially. A neutral mediator will review your case and facilitate communication to reach an acceptable agreement.
Mediation often provides a faster and less stressful resolution than going to trial, while still allowing both parties to have their concerns heard and addressed. Our attorneys can represent you during mediation to ensure your interests are protected throughout the process.
Trial
If settlement negotiations and mediation fail for your claim, your workers’ compensation case may go to trial. While this is typically the last resort, it may be necessary to ensure you receive the full benefits you deserve under Louisiana law.
During a trial, an administrative law judge (ALJ) will hear evidence from both sides and make a binding decision about your claim. This process involves presenting medical evidence, witness testimony, and documentation of your work-related injury and its impact on your ability to work.
Why Would Your Lawyer Suggest Taking Your Case to Trial?
Workers’ comp lawyers in Louisiana focus on resolving claims out of court. If you are eligible for workers’ compensation benefits, this may represent your best option because it gets you benefits quickly. However, our team may suggest different legal approaches if:
- The insurance company unfairly denies your benefits
- The insurance carrier inappropriately discontinues your benefits
- You should receive higher compensation for your losses
We carefully consider the benefits of going past negotiations and mediation to handle workers’ comp cases. If we believe this option will serve your best interests, we may suggest taking your case to trial.
Does Taking Your Claim to Trial Mean Suing Your Employer?
Louisiana doesn’t typically allow you to sue your employer or the employer’s insurance company in civil court. If your workers’ comp case goes to trial, it will result in an administrative law proceeding to resolve the issue.
However, your workers’ comp case may end up in the civil court system if we find that a third party caused your accident. For example, you may directly sue an equipment manufacturer if a defective tool injured you on the job.
In this situation, you can file a direct lawsuit for compensation. Find out more about these options with a Lafayette personal injury lawyer.
Common Reasons Insurance Companies Push for Trial
Insurance companies sometimes strategically force workers’ compensation cases to trial rather than offering fair settlements. They may dispute the severity of your injury, question whether it occurred at work, or challenge your need for ongoing medical treatment. These tactics are designed to pressure you into accepting a lower settlement.
Insurance carriers might also contest your claim if they believe you had a pre-existing condition or there were no witnesses to your workplace accident. They may even argue that you can return to work despite medical evidence showing otherwise.
Our attorneys understand these strategies and know how to counter them effectively. We regularly deal with insurance companies that dispute legitimate claims and know how to build strong cases that withstand their scrutiny.
What Are the Pros and Cons of Taking Your Workers’ Comp Case to Trial?
Your lawyer may recommend pursuing an administrative hearing to bring you compensation after some workplace accidents. Taking your case to court may allow you to secure full compensation for your losses, especially if the insurance company treats you unfairly.However, you may face a few drawbacks to pursuing compensation through this method. For example, taking your claim to trial may mean:
- More time to secure compensation
- More stress throughout the legal process
- Higher tensions with your employer
Additionally, going to trial does not guarantee receiving more compensation for your losses. In fact, some employees receive less compensation than they would through a settlement. Therefore, we recommend carefully considering this option with your lawyer before deciding.
Do Workers’ Compensation Cases Go to Trial Often?
The vast majority result in workers getting compensation for their medical bills and a percentage of their lost wages and returning to work after their recovery outside of trial. However, a lawyer can assist if you have a complicated claim requiring additional legal support.
Our team has over 250 years of combined experience that we can use to assess your needs and handle your workers’ compensation trial. As Louisiana attorneys who care, we’ll walk you through each step of the process if your claim goes to trial. We also investigate to find the liable party and discuss additional options if a third party caused your injuries.
Speak to Us About Your Workers’ Comp Case Going to Trial
Why is your workers’ compensation case going to trial? It is because something went wrong during negotiations, and mediation did not work. You need a workers’ comp lawyer to represent your interests in these cases.
Our professional team at Laborde Earles can help you resolve your claim and receive compensation. Call or complete our online contact form to learn more.
