Tips for Testifying at a Kentucky Workers’ Compensation Hearing

If you suffer a workplace injury in Kentucky, you may be entitled to workers’ compensation benefits to cover the cost of treatment and provide wage replacement while you are unable to work. To receive benefits you must fill out and submit the appropriate forms to your employer’s insurance carrier. If all goes well, your claim will be approved and you will begin receiving weekly benefits. Unfortunately, however, things don’t always work out as planned.

If your claim is denied or you are notified that your benefits are going to stop at some point down the road, you may need to appeal. That could require you to testify at a hearing to have your benefits approved or retain your benefits once approved.

If you are like most people, the idea of testifying is somewhat intimidating. Only your Kentucky workers’ compensation attorney can go over the specific legal issues and concerns in your claim; however, there are some general tips that might help you feel better prepared and more at ease when the day comes to testify.

Practice makes perfect – If your attorney offers you the option to come in for a practice session, take it. Unless you are an old pro at testifying, practicing ahead of time can only help.

Keep answers simple – Stick to “yes” and “no” answers whenever possible. If you don’t know the answer to a question, say so. Don’t elaborate. If your response needs clarification, your attorney will handle that when it is his or her turn to ask questions

Be respectful – Always address the official by his or her official title, such as “Your Honor,” “Judge,” or “Commissioner.” Listen attentively. Never interrupt. Dress appropriately for the occasion.

Tell the truth – You will likely be placed under oath before the hearing begins. This means there are judicial consequences for lying. Moreover, if the judge figures out you have lied about a fact, you will likely jeopardize your entire claim, because the judge will not believe any of your testimony at that point.

Control your emotions – Because a workers’ compensation claim involves both your health and your income, you may feel very emotional. While this is understandable, it is imperative that you control your emotions during the entire time you are in the presence of the judge or commissioner.

Ask for help – If you do not understand something, ask for help. This is why you have an attorney with you. If a question is unclear, you can also ask for clarification. The worst thing you can do is try and answer a question when you are unclear what information is being sought.