Final Hearing for Workers Compensation

If the parties in a workers' compensation claim aren't able to settle some or all of their disputes during a mediation, then the case must go before a judge. This is called a final hearing. Although it doesn't always happen in a workers' compensation case, workers injured on the job should know the general structure of a final hearing.

Some people try to navigate the workers' compensation system without the help of an experienced attorney. They may reach the final hearing stage and lose their case. This is because they don't use essential pieces of evidence or small details to the fullest advantage. If you're hurt at work and need to claim disputed benefits, contact the Coye Law Firm early on in your case.

People at a Final Hearing

During the final hearing, you can expect to see your attorney, the attorney representing your employer and their insurance carrier, an administrative law judge, and any witnesses for your accident. Court reporters aren't typically present because the audio of the hearing is recorded. Additionally, your doctor won't be there because their testimony is taken during a deposition and submitted for the judge to review before the trial. 

Location of the Hearing

In Florida, final hearings in a workers' compensation claim are conducted in a hearing room or courtroom in the Office of the Judges of Compensation Claims . Because Florida is a large state, the JCC has set up districts so people don't have to travel to Tallahassee to appear before a judge. If your final hearing is approaching, find the location of your district's office online.

Structure

The final hearing is a formal proceeding. Therefore, all parties are sworn-in before it starts, so whatever you say will be under oath. A final hearing usually lasts less than a day, possibly two to four hours. Sometimes a judge can come to a decision and rule on the case the same day that they are presented with the facts. If your case is complicated, then an experienced attorney can consult you on what to expect at your final hearing.

Rules

In most cases, final hearings must occur within 210 days of filing a Petition for Benefits. The hearing is less formal than most, but the rules of evidence are still followed. This means that you or your attorney must establish grounds for submitting documents or photographs to the court. If either party isn't satisfied with the judge's ruling, they have the right to file an appeal, which is then handled by the First District Court of Appeals in Tallahassee. 

Successful Hearings

Attorneys and clients win final hearings well before they reach the courtroom. There is extensive preparation that goes into a workers' compensation claim and it makes or breaks a case. In the pretrial phase, which is typically 90-120 days prior to the hearing, the claimant or their attorney must disclose which witnesses, evidence, claims, and defenses they will use to make their case. These are essential details that cannot be overlooked. Without the proper evidence and procedure, a client's workers' comp case can be lost. 

Florida's workers' compensation system is designed to give injured workers the opportunity to settle their claims before they reach a trial. Mediation and negotiation outside of court can help employees hurt on the job recover benefits faster, but they aren't always successful. If your case is approaching a final hearing, it is essential that you consult an attorney at the Coye Law Firm. Our team of workers' comp lawyers can help you at any phase of your claim. Contact us today.

 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 


If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
  • ...and much more.

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