How does a workers' comp hearing differ from a trial?
Answer
A typical workers’ comp pretrial hearing is much more informal than a trial. At a pretrial conference—which is the type of proceeding most injured workers attend—there is no sworn testimony, no formal evidence presented, and no court reporter documenting every word. Instead, the judge listens to both sides, may ask questions, including directly to you, and then hears the lawyers’ arguments. To better understand the informal nature of these proceedings, it may help to review what to expect when speaking to a judge or how to properly prepare for a hearing. After hearing the arguments at a pretrial, the judge typically issues a decision on the spot.
If you or the insurer disagree with the pretrial decision, you can appeal by filing what’s known as a claim for trial. This initiates a much more formal process, similar to a traditional trial, where evidence is submitted, witnesses testify under oath, and a court reporter records everything. Even then, trials in Workers’ Compensation Court often take place over multiple non-consecutive days rather than one extended session. For guidance throughout the process, a Rhode Island workers comp attorney can help, and our denied claim appeal in RI provides further detail on how appeals and hearings unfold.
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