What to Expect

Hearings

If you sustain a NEW INJURY at work, you should do the following:

1. Notify your supervisor and submit a written incident report as soon as possible. If your employer does not issue a report form, or has not provided one to you, write down a description of your injury, copy it, and provide it to your boss and doctor.
2. Obtain medical treatment as soon as possible, and provide an accurate description of the injury to your doctor.
3. Contact your lawyer if you have one.

What You Should Do

Always bring any and all paperwork that might be relevant to your hearing, regardless if you’ve already filed it, and regardless if you think they already have it. Unlike employer and/or BWC medical examinations, in a hearing situation, you DO want to bring as much stuff with you as possible. There might have been a problem with the BWC in getting your evidence into your file, and it is always a good idea to have your documents with you just in case. These could be medical records from your doctors, or paperwork confirming a recent appointment, or a form that your doctor filled out in support of your claim. Many claims are denied because of a simple lack of documentation supporting an injury coming from health care providers. You also may need to bring other information like the accident report you filled out when you were first hurt. Wage information may also be needed in order to set the benefit level in your claim. When in doubt, bring it with you, and don’t leave it in the car on the idea that you can come back and get it. Never tell the hearing officer to "call the doctor, they'll explain everything". This never happens, and is not the hearing officer's job to do this. The Industrial Commission hearings are a streamlined process these days, and they schedule several in each hour. You will have very little time to present your case, and they will not permit you to “go out to the car and get it” if something is lacking in your hearing.

When you go into the hearing area of any Industrial Commission office you will need to check in with the security people. They will either be at the entrance of the building itself, or in the waiting area of the hearing place where you are to report. Always bring your hearing notice with you, along with a photo identification. When you approach the security have the notice handy so they know why you are in the building. Ever since 9/11, security at government buildings has been tightened up, so be ready to explain why you are there, etc. Once you have checked in, you should look around a bit for your attorney if you have one, and then have a seat and try to relax.

Your name will be called over the loud-speaker, and they will tell you what hearing room to go to. When you go into the room you may be required to sign in for security and appearance purposes. Do so, and go into the hearing room, and do EXACTLY what you are told. Again, you should not go into any hearing room until your name is called over the loud-speaker. Until the time that your name is called, the Industrial Commission staff are probably working on other cases. Always be nice, courteous, and respectful towards everyone. Be sure to thank the hearing officer for their time too. They have a lot of things do to in one day.