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The injured worker can request that the payments be made sooner through a process called commutation.. Why Is My Workers' Comp Case Going To Trial: Here's What For example, they might claim that your injury wasn't work-related, or that you weren't injured as severely as you say you were. The goal of winning a case before the Workers Compensation Commission is to receive benefits for which you are entitled. Instead of a decision, the judge says she wants Lauras doctor to answer specific questions in a supplemental report. Most work injury claims are eventually settled for a lump sum cash payment. They know their role is to be an impartial go-between who convince both sides to agree on what happened and what it is worth. If you spoke up and said something that hurt your case, it could be used against you at trial even if it's taken out of context. The report is entered into evidence. The claimant (the person filing a claim), the employer (the person against whom the claim is filed), and any other interested parties may attend the hearing. If your case goes to trial, we can represent you throughout the entire process. Though no workers compensation lawyer ever wantsto go to trial, they may recommend you do so if your settlement offer is not fair. The employee should consult an experienced Missouri workers' compensation lawyer before the start of the trial. why is my workers' comp case going to trial - Katie Wills Ideas Usually, insurance company lawyers cannot dispute fault. Injured workers should consider going to trial because there is a greater chance that the settlement package will be a greater sum than one received when settling out of court. Settlement means neither side wins nor loses at court. If your case is going to court then there must be some issue that cannot be resolved. In some cases, the defendant may waive their right to a trial by jury. This can be grounds for a dispute. The settlement offer is not equal to the damages you've suffered. This includes witness testimony, documents, photographs, and anything else that will be presented during the trial. How often does a case go to trial?