What should I expect in my final workers’ compensation hearing (I’m nervous and I have never been in Court before)?

Mississippi Workers’ Compensation trials are not like the trials you see on Law and Order.  There is no jury and no audience.  There are usually just a few people in a small room.  Just a judge, you, your attorney, a representative of your Employer, and your Employer’s attorney will attend the hearing.  Sometimes, there may be witnesses there who know something important about the case.  Doctor’s usually give their testimony through their records or a deposition transcript which can be introduced at the hearing.  The atmosphere for the hearing is laid back and not meant to stress the parties involved.

Sometimes, before the hearing gets started, the Judge will take the attorneys into chambers to discuss legal issues in the case and perhaps pry about why the case has not been settled.  Don’t be worried about being left out of the loop.  Your employer does not go to chambers either.  Sometimes, without the parties in the room who have a lot at stake, the lawyers and Judge can be more frank and cut to the chase.  Back door deals aren’t being done behind your back in these meetings.  They are common place in almost every court system and they are very effective in streamlining a trial and in making sure that all attempts to resolve the case have been exhausted. 

Assuming there is no settlement, the Judge will call the hearing to order and permit your attorney to call the first witness.  Very often the first witness will be you.  Your attorney will ask you questions about what happened to you at work, your medical treatment, and how you are doing now.

Then the defense attorney will be allowed to ask you questions.  Be completely honest, but be clear and adamant about what happened to you and how it has impacted your ability to function or earn wages.  Loss of function or loss of ability to work is the threshold question in a final hearing.  Pain and suffering is not something you can be compensated for, but if pain impacts your abilities, then your attorney very well may ask you in depth question about it.

Your attorney will then have another chance to ask you questions if they need to follow up on anything.  After you testify, your attorney can call other witnesses, if necessary.  It is not uncommon to rest after calling the injured worker because they will have already said everything necessary to combine with the medical documentation laying out proof for loss of function or earning ability.  The attorney for the Employer and Carrier will have an opportunity to ask questions to the Employer’s representative or witnesses.  You will be sitting beside your attorney and will be able to pass your attorney notes during the representative’s testimony if you need to.  After the witness answers the questions that his attorney has, your attorney will be able to ask him questions as well. 

The Judge will listen to all of the testimony and begin to think about his or her decision.  You won’t get a decision on the spot like on TV.  Usually it takes judges months to look at all of the evidence and testimony presented and make a decision.  They issue their opinions in writing and outline the basis for their decisions.  After the Judge rules, your attorney should let you know and discuss all of the options with you.

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

Can I get Workers’ Compensation benefits for my work-related injury even if I wasn’t actually on the job-site when I was injured?

Yes, so long as you were in the scope of employment.  Scope of employment generally means that you were doing something that would benefit your employer.  In Mississippi there have been cases where even a lunch hour or break would count as being within the scope of employment, depending on the specific circumstances  The law in Mississippi states that as long as the injury “arises out of” and occurs within your “course of employment,” you are entitled to benefits.  For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying for business purposes, they will likely be entitled to workers compensation.   Or if the employee is a truck driver and is injured while driving or making a delivery, they will likely be covered.  Also, if you were injured while attending an event that your employer required you to go to, you may be able to receive workers compensation benefits as well.

On the other hand, if an employee is running a personal errand that takes him or her outside the workplace and course & scope of employment, the employee may or may not be covered.   You should always speak to an attorney about whether your injury arises out of and occurred within the course and scope of your employment.  This is a question for a judge to answer, not your employer. 

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

My deposition is being taken in my Workers’ Compensation case. What should I expect?

In most workers’ compensation cases where the Petition to Controvert has been filed, the Employer and its Insurance Carrier will ask to take the deposition of the Claimant (the injured worker).  Depositions are simply a question and answer session that take place while sitting around a table in your attorney’s office.  They are usually very relaxed and conversational, but they are under oath, so the truth is paramount.  The attorney for the Employer and Carrier just needs to find out certain information relevant to your case so that they can report back to the insurance adjuster.  It is one thing for your attorney to tell them what happened to you, it’s another thing to hear it in your own words.

The defense attorney will ask you questions about your work injury and the medical treatment that you have received as a result of your injury.  The attorney will usually also ask questions about education, job history, and past medical history.  The attorney is not usually out to get you or trick you; they are just looking to get more information so they can properly evaluate your case for settlement or trial.  However, your attorney should be with you the entire time, to protect your interests and object to any improper question if necessary.  If you do not have an attorney before your deposition is set, you should seriously consider getting one.

The most important rule in a deposition is: Be honest.  These question and answer sessions usually last about an hour or two, but they are normally a big step in your case.  You should be honest about what happened at work.  You should be honest about the pain you were and are in.  And you should be honest about the things you could do before your injury that you cannot do so well now.   Do not exaggerate.  Do not try to hide from things about your case that you think are bad for you.  It is much easier to deal with bad facts than it is to deal with lying under oath.

If you do not know the answer to a question, you can say “I don’t know” or “I don’t remember.”  These are perfectly fine answers. Do not feel like you have to tell the defense lawyer your whole life story.  This is not your “day in court.”   Just answer the questions that the defense lawyer has for you politely and succinctly.

Amanda G. Hill

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

What general questions should I ask my lawyer in the initial consultation?

With lawyers asking many of the questions during the initial consultation, clients sometimes forget to ask questions that would like to know about the lawyer or upcoming case. Here's a list of questions you should ask your lawyer:

1-Will you always be honest with me about my case and not just tell me what I want to hear? Honesty between the lawyer and client is imperative.  A lawyer needs to be able to trust his client and the client needs to know he can trust the lawyer.

2-How long will it take my case to settle or reach trial? Depending on the type of case you have, the case could take weeks to years to be resolved. Litigation can take a long time, due to no fault of the lawyer, and clients need to understand from the outset that the process is sometimes slow so that the client has reasonable expectations about when they can expect a resolution.

3-Should I post information about my case on social media? The absolute answer to this is NO.

4-How long have you been practicing law?  Our firm currently has 6 lawyers with a combined 50+ years of experience.

5-What type of cases do you and your firm handle? Our firm does not generally take cases we don't have experience in.  We have handled thousands of cases in the areas of workers' compensation, personal injury, social security, discrimination, bad faith and other claims involving injuries.

6-Will I be interacting directly with you, the attorney, or with someone else in your office?  Some offices are small with no support staff and some offices are large with many helpful staff members.  There are advantages and disadvantages to both.  Discuss the differences honestly with your attorney so you know what to expect.

7-How many cases similar to mine have you handled before? 

8-What is the best way to contact your firm (i.e. Phone, email, fax, etc)?  Our firm will communicate with a client in any manner they prefer, but we live in an email driven world, and often that is a quick and efficient way to pass along information.

9-How will you let me know what's happening with my case?  It is unrealistic and not productive for a lawyer or staff member to call you regularly to tell you "nothing new," but a lawyer should communicate with you about milestones in the case.  Sometimes much of this communication about the expected milestones should be discussed in the first meeting, but a lawyer or his staff should keep you apprised of changes in the plan, rulings from a court or administrative body affecting your rights, and information that is pertinent for you to act on.

10-What will be the action plan for my case?  Lawyers cannot always predict every twist and turn, but an experienced lawyer should be able to give you an idea of the steps that will be taken to protect your interests.

Teresa E. Harvey

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

How to prepare for your initial meeting with your lawyer

It is always best to be prepared to meet with your lawyer.

You should bring with you all documents you have that may be relevant to the potential case or issue you will be discussing with your lawyer.  You will want to let your lawyer review them to determine whether they are relevant to the case.

If you have a timeline intensive case, it will be extremely helpful to write down or type out a chronological timeline of events in your case.

If you have seen any doctors related to your case, you should bring a list of those doctors and, if possible, the medical records.

If your case involves an employment issue, make sure you have the full names of your supervisors or bosses involved and other co-workers who may be witnesses.

Make sure you know the relevant dates related to your case (for example, date of car accident or injury in a personal injury case, date of termination in an employment case, date of surgery or medical procedure in a medical malpractice case, date of injury in a worker's compensation case)

Teresa E. Harvey

Should you have questions regarding a legal matter and would like to set up a free consultation, please contact me by going to our website http://www.cglawms.com or by calling 601-948-8005 today.

I was in a car wreck on the job that is someone else's fault. I have a lawyer to pursue the person that hit me, but he won't take my workers compensation case. What can I do?

You can have separate lawyers for both cases.  But generally, our firm recommends that you get one firm to represent you on both aspects of the cases.  The interplay between the two can be very complicated, but not all firms have experience in both areas.  However, it is ok to get a separate lawyer to make sure your rights are protected on your workers compensation case as well.  If you are happy with your lawyer on the car wreck but want to get some free and confidential advice on the workers compensation case, call our office at 601-948-8005 or go to our website at http://www.cglawms.com today.  If possible, we will work to cooperate with the other lawyer to make sure both remedies are maximized.

Rogen K. Chhabra

I'm not happy with my workers compensation lawyer. Can I fire my attorney?

Yes, but be careful.  Lawyers are not magicians.  Sometimes people expect results that are impossible to deliver.  What you should expect from your lawyer is timely responses to your inquiries from the lawyer or properly trained staff and honest advice on the best way for your case to proceed. 

A few rules that you need to understand:

1.  Lawyers cannot speak to someone already represented by counsel.

2.  You can terminate your lawyer anytime, but you should make sure it is for a legitimate reason as opposed to unreasonable expectations on your part.

3.  Terminating a lawyer requires no special form.  It is as simple as writing to the lawyer and stating that you no longer need their services.

4.  You are entitled to your file.  The lawyer is entitled to reasonable time to provide your file back to you and retain a copy.

5.  The lawyer will be entitled to a lien for services against a future settlement or award, but you should not be expected to pay the lawyer on termination of you signed a contingency fee agreement.

6. The lawyer also has a right to terminate the representation.

7.  You are free to hire a subsequent lawyer after the previous lawyer has been terminated.

8.  If the lawyer filed your case, the court will often give you a limited amount of time to get a new lawyer or proceed with your case on your own.  Do not miss that deadline or your case could be dismissed.

If you find yourself without a lawyer in an injury case and don't know what to do next, please call our office for a free consultation at 601-948-8005 or by going to our website at http://www.cglawms.com/.  The consultation is free and confidential and you have no obligation to hire us.

Rogen K. Chhabra