How Does Discovery Work in My California Workers’ Compensation Case?

You may need to appeal an adverse action in your workers’ compensation case, whether it is a denial of your benefits or a decision to try to force you back to work. The Riverside workers’ compensation lawyers at Heiting & Irwin can represent you throughout the legal process.

You would not normally proceed straight from filing your appeal to a hearing. Instead, you may need to go through the discovery process, where both you and the insurance company can learn information about the other’s case. Discovery is a crucial part of your case, and it can make or break your claim for benefits or your argument against the insurance company.

Schedule an initial consultation with a workers’ compensation attorney specialist at Heiting & Irwin. No matter what stage of your case you are at, we want you to present your strongest possible case.

Richard Irwin is a workers’ compensation specialist, which means that he has completed all requirements and has the experience required by the State of California for such a designation.  Very few attorneys who appear before judges at the Workers’ Compensation Appeals Board attain this status, yet they typically ask for the same attorney fee as Mr. Irwin.

Discovery Is a Part of Your Case When It Goes to a Hearing

If your workers’ compensation case is to go to a hearing, both you and the insurance company  have the right to “discovery.” Since workers’ compensation is a no-fault system, the amount of discovery in your case may be more limited than if you filed a personal injury lawsuit. Discovery in your workers’ compensation case would likely involve your participation. To put up your most effective possible legal showing, it would be very helpful to work with an experienced workers’ compensation attorney.

The Insurance Company Will Want Information from You

Much of the discovery in a workers’ compensation case is the insurance company wanting to learn information from you. They may want to see earnings records or additional medical records beyond just the ones that they reviewed when you filed your initial claim. For example, they may claim that your injury was the result of a pre-existing condition, and they may want to see additional years of treatment records that would evidence your health before the injury. Likewise, your workers’ compensation lawyer also has the right to request information from the insurance company.

The insurance company may also want to seek evidence from others who may have knowledge that can affect your claim. For example, the insurance company may be challenging the fact that your injury occurred when you were on the job. Then, they may seek to interview the fact witnesses who you would present as part of your own case. Your workers’ compensation lawyer would speak to the witnesses who the insurance company would interview. At the same time, the insurance company may also want to hear from the treating physician who reached a conclusion about your injuries.

Importantly, the insurance company’s defense attorney may want to take your deposition (your testimony under oath). They may want to learn more about what happened to cause the accident and your medical condition. There may be hours of questions from the insurance company’s lawyer. Your own workers’ compensation attorney would be there to defend you in this often stressful and difficult experience.

The importance of this discovery process cannot be overstated. If you have a strong case, it could increase the chances that they would either relent and grant you benefits or try to settle your case. Similarly, a strong performance in the discovery process could also increase the chances that you would prevail at a hearing in front of an administrative law judge.

Contact a Riverside Workers’ Compensation Law Firm Today

Schedule a free initial consultation with a Riverside workers’ compensation attorney at Heiting & Irwin to learn more about your legal rights. We can evaluate your case and help you decide on your path forward. To speak with a workers’ compensation lawyer, contact us here or call us today at (951) 682-6400.