Why Would Your Workers’ Compensation Case Go to Trial?
After suffering work-related injuries or illnesses, employees can turn to workers’ compensation for medical and financial support. Often, workers’ compensation cases in Vermont allow you to secure compensation outside of court. Insurance companies and injured employees often find it mutually beneficial to reach an agreement. However, some cases end up going to trial. Understanding why a workers’ compensation case might go to trial can help you navigate the process effectively.
So why would your workers’ compensation case go to trial? Below are some of the main reasons why a workers’ compensation case may go to trial;
- Disputes Over the Validity of Your Claim
One of the main reasons workers’ compensation cases go to trial is disputes over the claim’s validity. Your employer or the insurance company might raise several arguments, including;
- Your injury is not work-related. For example, they may argue that your injury did not happen at work or during work hours.
- You had a pre-existing injury.
- You were under the influence of alcohol or drugs at the time of the accident.
- The medical treatment you received was unnecessary.
If the validity of your claim is questioned, it is up to you to present evidence to prove its validity. This can include medical records, eyewitness testimony, expert testimony, and surveillance footage.
- Disagreements Over Medical Evidence
Your Vermont workers’ compensation case might go to trial if disputes over medical evidence arise. Examples of medical disputes that might arise include;
- Your employer or the insurance company question the severity of your injury or disability
- Your treating physician and the independent medical examiner (IME) have conflicting opinions. For instance, your treating physician might say you aren’t ready to resume work, while the IME says otherwise.
- Disputes over whether you have reached maximum medical improvement (MMI)
- Disputes over your work restrictions
- Disputes over the type of treatment you have received or need
- Settlement Disagreements
Your case might go to trial if you and your employer’s insurance company cannot agree on a fair settlement. Common issues that arise include;
- Disagreements about future medical needs
- Disagreements on wage calculations
- Disputes over disability ratings
- The settlement offer doesn’t cover all medical expenses
- Complex Legal Issues
If your workers’ compensation case involves intricate legal issues, it may be necessary to proceed to trial. For instance, disputes may arise over whether you are classified as an employee or independent contractor. This distinction determines whether you are entitled to recover workers’ compensation benefits. In Vermont, independent contractors are not eligible for workers’ compensation benefits. Cases involving multiple employers, third parties, or subcontractors may also end up going to trial. Additionally, it might be necessary to go to trial to interpret complex state laws governing workers’ compensation.
It’s vital to work closely with your attorney if your workers’ compensation proceeds to trial. The following are some steps to take with the guidance of your attorney in preparation for your day in court;
- Gather all relevant evidence, including medical records, witness testimony, and surveillance footage
- Maintain detailed notes about your injury and recovery.
- Work with your attorney to prepare a compelling narrative that can help you prove your claim.
- Practice your testimony to ensure you are confident and clear when answering questions from the opposing attorney.
Contact a Vermont Workers’ Compensation Attorney
If you have a workers’ compensation case and believe it may have to proceed to trial, our Vermont workers’ compensation attorney at Sluka Law PLC can provide professional legal guidance. Contact us today to schedule a consultation.
