Attorneys at Lear Werts LLP in Columbia, Missouri represent injured employees in workers' compensation hearings, including temporary hearings before an administrative law judge. We have extensive experience advocating on behalf of injured or disabled workers who have been unfairly denied benefits after filing a workers' compensation claim. Through the hearing process, we strive to reassert the rights of injured workers.
Understanding the Temporary Hearing Process
A temporary hearing, which is sometimes called a hardship hearing, is an evidentiary hearing requested by an employee or the employee's lawyer when there is a dispute about medical treatment, the payment of temporary total disability (TTD) benefits, or both. If you have suffered a work injury, you are entitled to compensation for medical treatment resulting from that injury, including physical rehabilitation, prescriptions, and medical devices. If your employer or its insurer failed to cover your medical expenses, a temporary hearing will allow you to present evidence demonstrating the full extent of your medical treatment. Additionally, if you missed work because you were receiving treatment or recovering from an on-the-job injury, you may qualify for TTD benefits. If your employer failed to compensate you for the time you missed work, a temporary hearing will allow you to make your case for TTD benefits.
At Lear Werts LLP, we realize that workers' compensation hearings, like all trials, can be intimidating, especially because you must go up against your employer, who at work is your superior. Our attorneys will fully prepare you for your hearing, allowing you to testify with confidence and conviction. Along with your own testimony, the hearing may involve:
- Other witness testimony
- Presentation of medical evidence
- Testimony from physicians
After we present our case, your employer or its insurer will present their evidence. Also, if the Second Injury Fund is a party to your case, it has the opportunity to present evidence as well. The Second Injury Fund may be involved in your claim if you were already disabled before you sustained the workplace injury at issue. Please visit our Second Injury Fund page for more information about this type of compensation.
Results of a Temporary Hearing
A temporary hearing usually results in the judge issuing a temporary or partial award, meaning that the judge makes a ruling on certain issues, but the case remains on the judge's docket. However, depending on the facts of the case, the judge may issue a final award, which is the end of the case unless there is an appeal. A temporary or partial award may continue until a doctor certifies that you may return to work or until you complete treatment because your condition has reached "maximum medical improvement". Please see our temporary total disability (TTD) benefits page for more information about this form of compensation.
Seek Assertive, Knowledgeable Representation
It is your right as a Missouri employee to receive workers' compensation benefits if you have sustained an on-the-job injury. If your employer or its insurer has failed to compensate you for medical treatment or a temporary total disability, a temporary hearing award may allow you obtain the full amount of benefits available to you. Please contact Lear Werts LLP today to discuss your options.