It is very important that the injured worker is fully prepared for their hearing before the Hearings Officer and Appeals Officer of the Department of Administration. Pretend that you are a boxer. If you fail to train before you get into the ring, you probably won’t do that great. You might even get knocked out. But if you train, physically and mentally, and understand who your opponent is, and even who the referee is, then you have a good shot at victory.
The same is true when you go to a hearing on your industrial injury claim. There is a lot at stake, so you must be fully prepared. Here are some helpful tips to help you prepare.
1. Read all orders that you receive from the Court. This will tell you some (but not all) of the things that you are required to do.
2. Gather your evidence. Depending on the issue that is under litigation, this may include, for example, medical reports, pay stubs, employment records, witness statements, pictures, etc. Evidence can be submitted by any party for the hearing officer’s consideration in making his or her decision.
3. Know and understand the law that supports your case. Make sure that you know the law (statutes, regulations and case law) that apply to your issue. Make sure that you are actually entitled to the benefit that you litigating.
4. Prepare your legal argument that you will give before the hearings officer. You need to argue how the facts and law fit into each other in order to show that you are in the right. Remember, normally the hearing officer does not know anything about you or your case. They only know what you, the insurer and employer tell them.
5. Emotions may run high, but keep your calm. It normally backfires when a person in court becomes angry. This affects their ability to properly argue their case. The opposing side will just sit back and smile if you lose your cool.
6. Have a qualified, state certified expert/specialist attorney represent you. The insurer will have legal representation. Therefore, so should the injured worker. You have to know when to hold’em, and know when to fold’em. Having an attorney who is a certified expert by the State Bar of Nevada in Nevada worker’s compensation will help properly present your case to the judge. As for my attorney fees, I change nothing up front. I get paid on a contingency fee basis, which basically means I only get paid if you get paid. This makes it an easy decision for any injured worker to hire my office for legal representation.
I hope that this has been helpful and informative. Please read my other blogs for more free, valuable information.
Joel A. Santos, Esq., is a Nevada worker’s compensation attorney. He is certified by the State Bar of Nevada as a Worker’s Compensation Expert and Specialist.
Copyright 2020 - Joel A. Santos, Esq.