Can you go to trial on a worker's compensation case? 12 Answers as of September 03, 2013

An attorney said that you can't take this to court.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George H. Shers | George H. Shers
Workers' Compensation cases have their own administrative hearing procedure. You can not file a civil suit but you can have a trial through its system.
Answer Applies to: California
Replied: 9/3/2013
Law Offices of Laura Lanzisera, LLC
Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
Yes if there are valid issues to dispute or benefits owed. You cannot, however, go to court to obtain a settlement.
Answer Applies to: Georgia
Replied: 8/30/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You try a comp case before an administrative law judge without a jury.
Answer Applies to: Michigan
Replied: 8/30/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, but there must be some practical reason you were told that. Get an explanation from the lawyer.
Answer Applies to: Alabama
Replied: 8/29/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
Well, you do not go to trial in the traditional sense. However, there are special workers compensation courts that will decide certain issues that the parties may not be able to agree upon. Note, however, that these "courts" cannot ever assign a final settlement value to a claim.
Answer Applies to: Florida
Replied: 8/29/2013
    You sure can. Perhaps the attorney meant your case is not good and there is a chance you will lose at the trial level.
    Answer Applies to: California
    Replied: 8/29/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    You take the case to hearing before the Iowa Industrial Commissioner, not to trial in the Iowa District Court.
    Answer Applies to: Iowa
    Replied: 8/29/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, you can't go to trial, but typically there is a hearing officer that will go through the documents and come up with a determination. It is something like a trial. In rare instances I believe that determination can be appealed to a court.
    Answer Applies to: Idaho
    Replied: 8/29/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You would not have a trial as much as you would a hearing. Worker's compensation is set up as a hearing process whereby if the sides cannot agree the worker's compensation judge will make a ruling.
    Answer Applies to: New York
    Replied: 8/29/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Your attorney is right. Since you've been told this, you already had your answer. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received.
    Answer Applies to: New York
    Replied: 8/29/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    The Industrial Commission conducts hearings in workers' compensation cases in North Carolina, so trials are by Deputy Commissioners, not by judges and juries as they would be in district and superior court.
    Answer Applies to: North Carolina
    Replied: 8/29/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    The words are getting in the way. You ABSOLUTELY CAN go to trial on a WC case. They are NOT tried in court, but rather before an Arbitrator at the Illinois Workers' Compensation Commission.
    Answer Applies to: Illinois
    Replied: 8/29/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney