Work injury lawyer explains various hearing types and what a person can expect at a workers' comp hearing in Michigan.
In Michigan, at a workers' comp hearing you can expect to participate in a formal proceeding where you and the employer’s insurance company present your cases before a magistrate. During the legal proceeding, you’ll need to provide supporting evidence such as medical records, witness testimony and accident documentation. Both your lawyer and the insurance company’s attorney may question you, and the judge will carefully review everything before making a decision on your claim. Below is a breakdown of what to be prepared for:
Pre-trial: A claimant should receive notice of pre-trial approximately 45 days after filing a workers’ comp case. The magistrate will not take any formal action and will set a new hearing date about 60 days later. It is not necessary to attend pre-trial if represented by a lawyer.
Mediation: Sometimes a case will be set for a telephone mediation instead of pre-trial. (MCL 418.847(1)) This usually occurs when the issues appear to involve only medical or a small amount of money. You can expect the workers' comp mediation hearing to be an informal process where an agency representative will attempt to bring the parties together in the hopes of resolving their differences.
Control Date: Control dates are very important because it gives both sides the opportunity to discuss potential legal issues. It also gives the parties a chance to talk about possible resolutions. You can expect these workers' comp hearings to happen every 60-90 days and several will be needed before a trial date is selected. The magistrate will also want to know that records are being exchanged and the case is moving forward.
Facilitation: Most cases go through facilitation before they are set for trial. Facilitation gives both sides the opportunity to informally present their arguments to a neutral magistrate. At a workers' comp facilitation hearing you can expect the magistrate to attempt to come up with a settlement amount based upon the facts and medical evaluation. Neither side must accept the recommendation, but it is helpful to get the parties talking about resolution.
Trial: A trial is a formal hearing before a magistrate where both the injured worker and the employer present evidence—such as medical records, employment records, and witness testimony—and the magistrate decides the workers’ comp case. You can expect at a workers' comp trial hearing that witness testimony will be taken under oath, and that it will always be electronically recorded. Other evidence submitted includes medical records and deposition testimony from experts. Trial can last anywhere from a few hours to several days.
Redemption: All settlements must be approved by a magistrate. (MCL 418.837(1)) They will be given a brief explanation as to why the workers’ comp case is being settled and will review medical evidence. At the redemption hearing, the magistrate will determine if the settlement is just and proper under the circumstances. (MCL 418.836(1)(a)) There is a 15-day appeal period that must run before settlement checks are mailed. It is possible to waive the appeal period if all the parties agree and the Agency gives its approval.
Preparation plays a crucial role - Expect a workers’ comp hearing in to be a formal process, which makes thorough preparation critical to achieving a successful outcome. Preparation involves gathering all relevant medical records, accident reports, and witness statements ahead of time so your case can be clearly presented to the magistrate. When you walk into the hearing with organized evidence and a clear understanding of what will be asked, it increases your chances of securing the benefits you deserve.
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If you were injured on the job in Michigan and you are wondering what to expect at a workers' comp hearing, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
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