In the wake of a workplace injury, grappling with the physical, emotional, and financial toll of your accident is nothing short of stressful. Between making a claim, seeking medical care, and coming to terms with the seriousness of your injury, the prospect of facing legal complexities with your case, just adds another layer of strain on an already challenging situation. While most workers comp cases are straightforward, some can evolve into complex legal battles that lead to trial. If you’re feeling unsettled, vulnerable, and asking, “Why is my workers comp case going to trial” then keep reading to find out 5 reasons why this may be happening.
1. Disputed Claims
- Uncontested vs. Disputed Claims: If you have an uncontested workers’ comp case, it means that both parties (you and your employer or their insurance company) agree on your eligibility for benefits. It’s possible though for your claim to be disputed, either over your eligibility, disability severity, or the compensation amount, and that is why your workers’ comp case is going to trial.
- Denial of Workers’ Comp Claims: Sometimes insurance companies outright deny the workers’ comp claim, either due to validity skepticism or as a way to save on insurance premiums. You have the right to appeal this decision and take your workers’ comp case to trial.Insurance companies may go to trial rather than pay out a large settlement if they feel confident in their chances of winning or believe that the cost of losing the trial would be less than the requested settlement amount.
2. Settlement Disagreements
- Issues During Settlement Negotiations: It’s common to settle workers’ comp cases through settlements, where the injured party receives a lump sum payment from the employer’s insurance company. A settlement is agreed upon through negotiation, which is an involved back-and-forth discussion between your attorney and the insurance company.If neither party can agree on the settlement, and you believe that the offer falls short of what you deserve, you may take the case to trial in hopes of securing a higher compensation. It’s important to note though that not all cases end in a settlement.
3. Legal and Factual Disputes.
If there are disagreements on how the injury occurred, the extent of the injury, or the application of specific laws to your case, a trial may be necessary.
4. Incomplete/Inadequate Medical Evidence.
Your workers’ comp case may go to trial if there is insufficient medical evidence to support your claim. For example, if there are conflicting medical opinions about the nature of your injury, then a trial provides the opportunity for further examination and expert testimony.
5. Discontinuation of Benefits.
If your benefits are discontinued abruptly, then you may need to go back to the court to reinstate them. This often happens when the insurance company believes you’ve hit Maximum Medical Improvement (MMI) and no longer need treatment.
A Brief Breakdown Of Common FAQs Regarding Workers’ Comp Trials
Along with questioning why your workers’ comp case is going to trial, there may be additional questions about what happens at the trial, and how long it may last.
A. I Am Unfamiliar With Workers’ Comp Laws in Florida, Help?
If you’ve never had a workplace injury, then you might not be familiar with the steps involved. We recommend reading up on how Florida’s Workers Comp process works as it’s crucial to navigating your case effectively.
B. What Happens at a Workers’ Comp Trial?
Your case is heard by a judge or magistrate, which includes presenting and reviewing the evidence of the case. This could include medical records, witness testimonies, and legal arguments. The judge then makes a decision based on the factual elements of the case and the evidence given.
C. How Long Will My Trial Last?
The straight answer to this is that it can vary wildly depending on the complexity of your case. Some cases may be heard across a few hours, and others over a few days or weeks. A judge’s decision may also not be immediate and could take weeks to months.
Don’t Let a Possible Trial Keep You From Reaching Out!
If you’re facing a workers comp trial and need legal support, reach out to us here at Frank Eidson - Attorney At Law either through our contact form or by giving us a call at 407-245-2887 for a free case review.
