The Industrial Accident Board oversees workers’ compensation claims in Delaware. If you’ve been hurt on the job, you’ll need to deal with them during the process of getting what you need during recovery. We’ve put together this guide for what to expect when trying to secure your benefits so you can be better prepared throughout the process.
The Industrial Accident Board Hearing Process
Knowing what goes on in the Industrial Accident Board hearing process aids in preparing for the hearing. In Delaware, these hearings are formal proceedings where the parties involved in a workers’ compensation claim present their case. The claimant (you, the injured worker) and the respondent (usually your employer or their insurance company) both have an opportunity to present evidence and argue their positions regarding your claim.
The hearing is conducted by a panel of board members who will listen to the evidence and ultimately decide on the merits of your claim. The board members consist of both labor and management representatives, with the Delaware Secretary of Labor serving as chairperson. This panel aims to provide a balanced perspective in decision-making.
The process leading up to the hearing typically follows a set timeline:
- After filing your claim, the Board will schedule a pre-trial hearing. This is an informal meeting where the parties discuss the issues and try to reach a resolution.
- If no settlement is reached, the Board will schedule a formal hearing.
- Both parties will then have time to gather evidence, including medical records and witness statements.
- Before the hearing, both parties can take depositions – sworn, out-of-court oral testimonies – of the other side’s witnesses. This allows each side to know what witnesses might say at the hearing.
- Finally, the board hearing takes place. This is when all the evidence is presented, and each party can cross-examine the other’s witnesses.
The duration of this process can vary depending on numerous factors, including the complexity of the case and the availability of the parties involved.
Preparing for Your IAB Hearing
Gather all necessary documents and evidence to support your claim before you attend your IAB hearing, including medical reports, receipts for treatment expenses, testimonies from eyewitnesses, and any correspondence with your employer or their insurance company regarding your accident and injury.
Organize your evidence clearly and coherently. It’s recommended to have a chronological order of events supported by relevant evidence. It also helps to have a list of key points you want to address during your hearing. Be prepared to explain in clear terms how your injury has affected your ability to work and your quality of life.
What Happens During the Hearing?
During the hearing, each side makes opening statements, presents evidence, and can cross-examine the other side’s witnesses. The board members or opposing counsel may ask you questions about the circumstances of your job injury, your medical treatments, and how your injury has affected your work and personal life. Everything said in the hearing is recorded and may be used in any further proceedings, so answer all questions honestly and to the best of your knowledge.
The Role of Medical Evidence in the Hearing
Medical records and evidence play a crucial role in deciding your workers’ compensation claim. Your medical records should establish the nature and extent of your injuries, the treatments you’ve undergone, and how your ability to work has been affected. Testimonies from medical experts can provide invaluable support for your claim by offering professional opinions on your condition, treatment, and outlook on recovery. The IAB, as a fact-finding body, tends to weigh medical evidence heavily in its decision-making process.
Legal Representation at an IAB Hearing
An experienced workers’ compensation attorney can help you prepare your case, gather and present evidence, cross-examine witnesses, and navigate complex legal procedures. Not only that, legal representation is particularly crucial if your employer or their insurance company has legal counsel. Your attorney can ensure that your rights are protected throughout the hearing process.
Potential Outcomes of the Hearing
The decision of the IAB can vary based on the specifics of your case. They may grant or deny your claim in full, or they might grant it in part. The decision will be based on the evidence presented and the laws applicable to your case. The Board’s decision will usually be provided in a written opinion, and if you’re unhappy with the decision, you have the right to appeal.
Navigating the Appeals Process
If the decision is unfavorable, an appeal can be filed with the Superior Court within 30 days of the decision according to Delaware Courts. The appeals process involves reviewing the hearing transcript and the evidence presented. Building a stronger case on appeal often involves highlighting errors or oversights from the previous hearing.
Get a Positive Outcome for Your Workers’ Comp Case
Understanding what to expect in an industrial accident board hearing in Delaware can significantly reduce your anxieties and aid in your preparation. The process may seem complex, but with preparation, organization, and professional legal help, you can navigate the procedure more effectively.
If you are facing an IAB hearing, the attorneys at Rhoades & Morrow can provide you with experienced legal guidance and support. Contact us at (302) 427-9500 to schedule a consultation, and let us help you with your workers’ comp cases.
