Workers compensation trial

The employee has the burden of proof on most contested issues in the case. This means that if the employee fails to present at least some admissible evidence on a contested issue the employee will lose on that issue. Failure to meet the burden of proof on certain issues will result in the employee losing the case. The judge cannot help you prepare your evidence.

The judge cannot help you present your evidence. The judge cannot explain the rules of evidence to you. Therefore, you will want to have a lawyer represent you in a case that is going to trial.

While you have the right to represent yourself at trial, it is never a good idea. For more information about lawyer representation, read Do I Need a Lawyer? For more information on appeals, see Appealing the Decision on this website. A final hearing should be requested when all medical treatment has been concluded and all parties have had sufficient time to prepare their medical evidence and other expert evidence for the evidentiary hearing.

An award is similar to a judgment in circuit court. Whether the evidentiary hearing is set as a hardship hearing or a final hearing, the procedures are the same. All parties and their lawyers appear before the judge and the court reporter.

The judge asks the parties if there are any issues they agree on. The judge will also ask the parties what issues are contested.

Those are the issues that the judge will address in the award. The employee will then present evidence. This evidence will almost always include testimony by the employee. Other witnesses can be called to testify. All witnesses will be sworn by the judge to tell the truth.

All witnesses including the employee are subject to cross-examination by the lawyers for the other parties. The employee will present medical evidence.

This may include certified copies of medical records and testimony from one or more physicians. Under limited circumstances, a report from a doctor may be admissible into evidence. Remember that listing a witness on the Mandatory Settlement Conference Statement does not necessarily mean that person will ultimately testify.

Defendants list everyone they can think of who they might want to call so that they are not precluded from calling them. Just as in your deposition , if you had one, the court reporter will take down everything that is said in the room. That summary of testimony will be mailed to you by the court. You should review it carefully and notify your attorney of any inaccuracies in the summary.

You may have witnesses of your own who will also be at the trial. It depends on how much space is available and whether the defense attorney or the judge objects. If your case requires an expert, your attorney will discuss this with you beforehand. We invite your Comments on this article.

First you will usually wait patiently while the attorneys and the judge state on the record what the issues to be determined are and what issues have already been agreed upon. After that, you will usually be called as a witness. Sometimes we take another witness ahead of you, either because your attorney decides that it will be helpful to the case or to accommodate the schedule of another witness who may not have to testify very long. The judge or the court reporter will give you the oath.

You will swear to tell the truth. If you had a deposition this process will be very familiar. If not, please read the materials regarding depositions because most of that material will also be applicable to trial testimony.

Once you are sworn in as a witness, your attorney will ask you questions. You will answer them briefly and concisely.

In some cases each question and answer are rehearsed carefully. However, usually, the preparation is of a more general nature.

You do not want the judge to think that you have memorized your answers because that detracts from the appearance of honesty. It looks like you are just saying what your attorney told you to say and not what you know to be true. When your attorney is finished asking you questions, the defense attorney will have a chance to ask questions.

Just as in your deposition, you should give brief and accurate answers. Even if it seems like the answer will be bad for your case, it is better to answer truthfully than to seem to be hiding something or lying. Hopefully, your attorney will have prepared you for the difficult questions that might be asked. Sometimes we get surprised at trial. Unlike your deposition, you will not be allowed to take a break whenever you feel like it.

Remember that your testimony is for the judge. You must direct your attention toward the judge. You must speak loudly enough for the judge and the reporter to hear you clearly.

You must also speak slowly enough that the judge can take notes. Some judges are very concerned about this and others can take notes faster.

Also, it is essential that you treat the judge and all persons in the court room with absolute respect no matter how foolish or belligerent they seem. Do not lose your temper or act disrespectfully toward anyone, especially the judge. If you are not testifying, you should not talk in the court room. You can, however, quietly pass notes to your attorney.

Do not make faces or gestures or otherwise show your feelings while you are not testifying. The judge will notice and will not appreciate any gestures or faces that seem at all to be trying to communicate your feelings to the witness or the judge. You should dress neatly and cleanly. Judges are used to being around people who wear ties. You are not required to wear a tie if you are a man.

If you are uncomfortable wearing a tie or do not own one, do not force yourself. The idea is that you show your respect to the court by dressing in a manner which is appropriate. Generally dressing up is better than dressing down but be careful not to dress too well.

This is not a party. Women should avoid revealing clothes or excessive make-up. You should plan to be in court all day. It is not necessarily the case that you will be in court all day but you must be available. You should arrive no later than a.

Most of the time in court, you will probably be waiting around. The court sets approximately 7 cases for trial before one judge in a day.