The MOST DANGEROUS Questions At Your Workers' Comp Hearing!

If you're an injured worker with a workers' compensation case, there's a good chance you'll find yourself in a workers comp hearing (or trial). And during that hearing you're likely to receive questions from the judge or lawyers that could affect the future of your workers' comp benefits. So it's important you understand what sort of questions to expect, and know how to give the right answers so you don't get your benefits cut off!

Understanding Workers' Compensation Hearings and Trials

Before we get into the questions, let's clarify what workers' compensation hearings and trials are. Basically, a workers' compensation hearing is a formal meeting where all parties involved in your claim—like you, your employer, and the insurance company—come together to present their sides of the story. The stakes are high because if things don't go well, you could lose your benefits, or worse, have your claim denied altogether.

Now, there’s a big difference between a hearing and a trial. Hearings are usually short and sweet. They don't have a set time limit, so the judge might handle several cases in quick succession. It’s like a quick check-in to see where everyone stands. On the other hand, a trial is more in-depth. The judge sets aside a specific amount of time for each case, which means more extensive testimony and evidence presentation. It’s a full-on courtroom showdown where the details of your case are thoroughly examined.

Preparing for Workers' Compensation Hearings

Preparation is key when it comes to workers' compensation hearings. First, understand that you’ll be asked some common questions. These can be about your injury, your work status, and any treatment you’ve received. They might ask, "Have you returned to work since your last hearing?" or "Have you done any work, paid or unpaid, since your injury?" These questions are usually straightforward and meant to get a quick update on your situation.

A crucial part of your preparation involves practicing how to answer these questions briefly and accurately. For example, if they ask about your work status, a simple "No, I haven’t returned to work since my injury" is sufficient. Keep your answers short and to the point. This not only makes you sound more credible but also reduces the chances of saying something that could be used against you.

Dangerous Questions to Be Aware Of

Okay, now let's get into the more "dangerous" questions you need to be aware of. These questions are designed to trip you up, challenge your credibility, and potentially undermine your case. Here are some categories of questions that you need to be particularly careful with:

1. Circumstances Surrounding Your Injury: This might be something like “Can you describe, in detail, how the injury happened?” When you respond, be consistent in your description of how the injury happened. Any inconsistencies between your current testimony and previous reports can be used against you.‍
2. Timing of Your Claim and Notice: You might be asked, “When did you first report the injury to your supervisor or employer?” When you respond, be precise and consistent. If you’re unsure about exact dates, it’s better to say so than to guess and get it wrong.‍
3. Employment History and Job Duties: An example is, “What were your exact duties at your job before the injury?” If your description of your job duties doesn’t match what you’ve previously stated or what your employer has documented, it could lead to doubts about the nature of your injury. ‍
4. Pre-existing Conditions: This might be something like “Have you ever had any previous injuries or medical conditions that affected the same part of your body?” The insurance company might use any pre-existing conditions to argue that your current injury is just an exacerbation of an old problem. While it might be tempting to conceal any pre-existing conditions you have, chances are the insurance company will eventually find out and accuse you of fraud, so better to be upfront about your medical history to avoid looking like you’re hiding something.‍
5. Adherence to Medical Instructions: A question you might be asked is, “Have you been following all of your doctor’s recommendations and attending all scheduled appointments?” If they find out you’re not following your doctor’s advice or missing appointments, it can make you look unserious about your recovery, which can be grounds for suspending your benefits. So keep your medical appointments and follow your treatment plans.‍
6. Activities Outside of Work: Another question you might be asked is, “Since your injury, have you participated in any physical activities, such as lifting, exercising, or other strenuous tasks?” Be cautious about what you’re doing outside of work. If your activities don’t match up with your reported injury or limitations, it can damage your credibility. If your doctor says you shouldn’t lift heavy objects, don’t be caught doing something that contradicts this.
7. ‍Pain Levels and Symptoms: This might be something like, “On a scale from 1 to 10, how would you rate your pain today compared to when the injury first occurred?” If your pain levels or symptoms don’t align with the medical evidence or what others observe, it can lead to doubts about your level of disability. Be honest about your pain but ensure it’s consistent with what’s in your medical records.

Best Practices for Answering Questions

There are some simple best practices to keep in mind when answering questions at a workers' comp hearing or trial:

1. Always Tell the Truth: This might sound obvious, but it’s the most crucial point. Never lie or try to manipulate the truth. If you’re caught in a lie, it can ruin your credibility and severely damage your case.‍
2. Answer Only the Question Asked: Keep your answers short and to the point. If you’re asked a yes-or-no question, respond with “yes” or “no.” Don’t volunteer additional information unless specifically asked.‍
3. Choose Your Words Carefully: Avoid absolute language like “always” or “never” unless you’re absolutely sure. Instead, use phrases like “to the best of my knowledge” or “I believe so.”‍
4. Pause Before Answering: Take a moment to think about the question before you answer. This pause helps you collect your thoughts and ensures you’re giving the most accurate response.‍
5. Ask for Clarification If Needed: If you don’t understand a question, it’s perfectly okay to ask for it to be repeated or rephrased. It’s better to seek clarity than to give an incorrect or incomplete answer.‍
6. Don’t Guess: If you don’t know the answer to a question, it’s fine to say, “I don’t know” or “I don’t remember.” Guessing can lead to inconsistencies that could hurt your case.‍
7. Stay Calm and Composed: It’s easy to get flustered or emotional, especially if the questions feel intrusive or accusatory. Stay calm, take deep breaths, and maintain your composure. Remember, the goal is to present yourself as a credible and reliable witness.‍
8. Listen Carefully: Make sure you fully understand each question before you start answering. Listening carefully can prevent you from making mistakes and ensure your responses are relevant.‍
9. Avoid Volunteering Information: Don’t offer extra details or go off on tangents. Stick to answering what you’re asked and nothing more. This minimizes the risk of saying something that could be used against you.‍
10. Practice With Your Lawyer: Before the hearing or trial, practice answering potential questions with your lawyer. This preparation can help you feel more confident and reduce anxiety during the actual proceedings.

Pro Tips for Testifying

When it's your turn to testify at a workers' compensation hearing or trial, a little extra preparation can go a long way. Here are some of my "pro tips":

1. Prep with Your Lawyer: This is crucial. Sit down with your lawyer beforehand and go over the details of your case. Your lawyer can help you understand what kinds of questions to expect and how to answer them effectively.‍
2. Review Your Case Details: Refresh your memory about the specifics of your accident, injury, and treatment. The more familiar you are with the details, the more confident and accurate you’ll be when testifying.‍
3. Practice, Practice, Practice: Have your lawyer run through a mock trial with you. Practice answering questions just as you would in the real hearing. This will help you get comfortable with the format and reduce anxiety.‍
4. Be Honest with Your Lawyer: Share all relevant details with your lawyer, even if they seem minor or potentially harmful. It’s better for your lawyer to know everything so they can prepare accordingly, rather than being blindsided during the hearing.‍
5. Vent Privately: If you’re feeling frustrated or angry about your situation, vent to your lawyer in private. Avoid showing strong emotions in the courtroom. Staying calm and composed makes you appear more credible.‍
6. Take Your Time: When asked a question, don’t rush to answer. Take a moment to think about the question and formulate your response. A brief pause can help ensure your answer is thoughtful and accurate.‍
7. Be Consistent: Consistency is key. Make sure your testimony aligns with any previous statements you’ve made and the medical records. Inconsistencies can be used to challenge your credibility.‍
8. Stick to the Facts: Avoid exaggerating or downplaying your situation. Just stick to the facts. Clear, factual answers are more compelling and harder to dispute.‍
9. Stay Focused: It’s easy to get sidetracked or start rambling. Stay focused on the question at hand and answer it directly. Don’t go off on tangents or provide unnecessary details.‍
10. Stay Professional: Treat the hearing or trial with the seriousness it deserves. Dress appropriately, speak clearly, and remain respectful to everyone involved, including the opposing lawyer and the judge.

Contact Us For Help With Your Workers' Compensation Case

Navigating the world of workers' compensation can be overwhelming, but you don’t have to do it alone. Whether you’re dealing with tricky questions during hearings, understanding your disability ratings, or addressing issues with insurance companies, having the right support can make all the difference.

If you have any questions or need assistance with your workers' compensation case, feel free to reach out. I'm here to help you every step of the way. You can contact me, Rex Zachofsky, at 212-406-8989. Let’s work together to get you the benefits and support you deserve.

Remember, you don’t have to face this process alone. Give me a call, and let’s talk about how we can navigate your case together.