What To Expect When You File A Workers Comp Suit

If you have never been involved in a lawsuit before or have not had the necessity to appear in front of a judge, you may be a bit nervous about filing a workers compensation claim. We have found that the majority of our clients are a bit anxious when they first contact us, but they are quickly made more comfortable once they know what they can reasonably expect.

Filing Your Claim

The first step will be to file your claim. This is how your attorney will get the lawsuit started. Once the case is filed, you may be involved in any number of hearings to determine if you have enough evidence to go forward.


Once your suit is filed in court, your attorney will work with you to prepare your case to be heard. You and your attorney will have several discussions along the way. Always to your best to give your attorney the information you are asked to provide.


After your case is filed, you will receive notice of a pretrial. You will not need to attend this hearing if you have hired an attorney as they will appear for you. Nothing will happen at this meeting that you need to be present for.


In some cases, workers comp suits are set for a mediation rather than a pretrial. If your suit is for a small amount, you can expect this to happen. This informal process involves your attorney, a professional mediator and the defense attorney. The mediator will sit with all parties and attempt to come to a fair resolution to the case.

Control Date

If you are given a control date, that means that your attorney will be asked to prove that all documentation has been provided to the other team. The defense will be asked the same. These brief meetings may be held throughout the court process.


This is often a last attempt before a trial to get both parties to come to a mutual agreement. A magistrate will help the attorneys come up with a settlement amount. Understand that you are not required to accept any amount offered in a settlement and have the right to move forward to trial.


The final step in the court process is a formal trial. Evidence is submitted and both parties are heard. Your trial may last for a couple of hours or several days. It can also be postponed or continued. Your attorney will prepare you prior to your having to appear.

If you believe that you may have a workers compensation claim, call our experienced attorneys today. Our first discussion is held at no cost to you. Call now.

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