How Many Workmans Comp Cases Go to Trial?

Workers Compensation
December 15, 2021
Seven Benefits When Hiring an Attorney for Workers Comp

If you are injured on the job and need to file a workers compensation claim with a workers compensation lawyer, you will likely have many questions about the process. How often do workmans comp claims go to trial? What about a settlement? Read on to learn answers to these essential questions! If you need an injured at work lawyer, or you’re ready to file a workmans comp claim, please view the contact information at the end of this article. Jon Marlowe, Esq. is a top-rated work injury lawyer prepared to represent you!

How often do workmans comp cases go to trial?

Injured workers are entitled to certain benefits under the worker’s compensation system. Litigation of California workers’ compensation cases is adjudicated by the Workers’ Compensation Appeals Board (WCAB). It varies by industry and state, but only about 5% of the workers’ comp cases go to trial.

Workers’ compensation cases that go to trial will involve the parties arguing the factual differences between the two sides. The parties present their positions to a WCAB judge who will issue a decision on the issues raised during the trial and award workers’ compensation benefits to the injured worker.

Before a workmans comp case goes to trial, the parties attempt to settle the case. Settling a workers’ compensation case requires the parties to reach an agreement on the details of the settlement.

Why do most cases end in a settlement?

Although workers’ comp cases do not tend to go to trial most of the time, the decision to settle can sometimes hinge on one or two critical pieces of evidence that the claimant lacks. Oftentimes there are risks on both sides to proceed to trial or the parties reach an agreement on any outstanding issues with the case. Typically, an injured worker and their lawyer will decide whether it is best to settle the claim or proceed to trial.

In general, disputes in workers’ compensation cases are resolved outside the courtroom and the parties are able to reach an agreement to settle the case. 

What are the advantages of settling out of court?

A workmans’ comp lawyer will be able to discuss the details of your case and determine if there are issues that need to be resolved by a WCAB judge. Settling a workers’ compensation case out of court avoids the lengthy process of a trial and can help provide benefits to an injured worker more quickly. Additionally, settling a case out of court may be the best option if there is a chance of losing at trial. 

Talk to Us

We hope the information provided above has helped answer some of your main concerns.

It is essential to understand that to win a workers’ compensation case successfully, you need a team of experienced and professional workers’ compensation attorneys working on your behalf. 

If you have any additional questions or if you need help with your worker’s comp claim, please do not hesitate to reach out to the Law Office of Jon Marlowe at (925) 302-9176 for more information or you can reach out to us here.