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What Happens If My Workers’ Compensation Case Goes to Trial?

At times, taking your workers compensation case to trial is the best way to get the full amount of compensation you are legally entitled to.

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When you and your Kansas City work injury lawyer approach your workers’ compensation case, your goal is typically to get a fair deal without going to court. Unfortunately, this is not always feasible, as you and the opposing insurance company may not see eye to eye. If your claim goes to court, the following are a few things you should expect.

Leaning on Your Lawyer

When you sustain a work injury, one of the best things you can do is speak to a lawyer as soon as possible. Still, some employees choose to try and negotiate a settlement offer for themselves. Whether you decide to hire an attorney quickly or take on your claim alone, there is no doubt that you will benefits from having a lawyer when you go to court. The reason is that trials are often complicated and may require significant legal experience to handle correctly. If you already have a lawyer, you will lean on them more. If you do not, it is likely time to speak with one.


After you are injured at work, you report what happened to your supervisor. Later on in the process, you may recount the events again when talking to an insurance company. Though you will already have multiple statements on your injury, you will likely need to give another one when you go to court. This will allow the court to understand you and your damages, both of which will increase your odds of winning the case.

Increased Scrutiny

At the beginning of the process, your claim will likely be handled by just one insurance company professional. Given the typical workload of these employees, they will give limited thought to your case. Instead, they will quickly assess the evidence and provide a compensation estimate. If your target is much different than theirs, you can start to negotiate. If that fails, you will likely head to court. At each stage in escalation, your claim will receive greater attention. Once you go to court, you will likely have a team of lawyers trying to poke holes in your argument, so expect a lot of attention.

The Chance of More Compensation

The fact that your case is going to court means that negotiating was not a viable option. Because of this, you will be less likely to accept an offer below what you and your attorney believe you deserve. This generally means that court cases have higher potential compensation packages.

The Risks

The other side of that coin is that you also risk less compensation. If the court does not rule in your favor, you could end up with significantly fewer benefits or none at all. Additionally, there is the price of your time and emotional investment. A long, drawn-out trial may have an adverse effect on your mental health and lifestyle.

Though no workers compensation lawyer ever wants to go to trial, they may recommend you do so if your settlement offer is not fair. Before following through with this advice, you should understand what to expect from a claim that goes to court and make your decision with confidence.

Updated: December 18, 2020

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