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Settlement Or Hearing?
An overwhelming majority of workers' compensation cases settle before a hearing, which is a trial based on the evidence. Your attorney will advise you regarding the risks and benefits of settlement versus the risks and benefits of a hearing. Your attorney will consider many factors in this evaluation, including the medical and factual evidence, the cost of further litigation, and the possible outcomes of a hearing.
If your case is tried, an administrative law judge (ALJ) or a legal advisor will hear the evidence and make a decision. A written award will usually be issued within ninety (90) days after the hearing. If any party wishes to appeal the award, the party may do so by filing an appeal with the Labor and Industrial Relations Commission. Your attorney will advise you regarding the applicable time limitation for filing the appeal, as well as whether an appeal is advisable.
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