What to Expect in a Hearing Before the Industrial Accident Board

The workers’ compensation attorneys at Silverman, McDonald & Friedman have decades of experience handling various workers’ compensation cases in Delaware. Through our work, we have seen how severe the injuries employees suffer can be, which is why we are dedicated to helping those injured on the job obtain the benefits they deserve. Call the firm in Wilmington, Seaford, or Newark to learn how our lawyers can assist you today.

If there is a dispute or disagreement about your workers’ compensation claim, you will likely need to attend a hearing before the Industrial Accident Board. Many people who learn about this become stressed, frightened, and even intimidated, worrying about where they need to go, what they should do, how they should dress, and what they should say.

While it is normal to become nervous or worried about this type of hearing, it is important to remember that it allows you to present your case, show how the work-related accident caused your injuries, and argue why you need and deserve workers’ compensation benefits.

What is the Industrial Accident Board?

The Industrial Accident Board consists of 10 government employees, which the governor appoints. They are each confirmed by the State Senate and allowed to serve six years. The Board is required to have two residents from New Castle County (outside of Wilmington), two from Sussex County, one from the city of Wilmington, two from Kent County, and three members-at-large residents from any subdivisions of the state.

The primary goal of the Industrial Accident Board is to oversee the Delaware workers’ compensation system. If there is a dispute or disagreement among the parties involved in a workers’ compensation claim, the Board will schedule a hearing to allow the parties to present their case. Then, after hearing both sides, the government employees on the board will discuss among themselves, decide, and inform the parties involved by writing whether the workers’ compensation claim will be accepted or denied.

What should I expect at a hearing before the Industrial Accident Board in Delaware?

When you arrive at the location of the hearing, your name will likely be called, informing you that it is time for your hearing. The Board hearing officer will most likely ask for the names of everyone who is at the hearing and their position. At this time, you and your attorney may let the hearing officer know who you are and what your position is. Then, your attorney and the opposing party, which is your employer and their insurance company or legal team, will present the arguments and provide evidence to support their stances.

Some people choose to go through this hearing alone. However, it is strongly recommended that you hire an attorney to assist you. If you have an attorney, they will argue your case, provide evidence, and develop a strategy for showing why you need and deserve workers’ compensation benefits for your work-related injuries. There is a possibility that you may be asked questions or need to give your testimony regarding the situation. Therefore, it is important to begin preparing for this with your attorney early on in the process.

During the hearing, the Board will be evaluating your and your employer’s positions. They will determine whether you are telling the truth, seem honest and trustworthy, and truly experienced an injury that occurred on the job. Once both sides have presented all the facts, the Board will take the time to review the evidence and arguments before they issue a decision. You should receive this in writing within a couple of weeks.

Where should I go, and what should I wear?

There are two different locations where the Industrial Accident Board holds hearings for workers’ compensation claims. The two locations are:

• Wilmington office: 4425 North Market Street, Wilmington, Delaware 19802
• Dover office: 655 South Bay Road Suite 2H, Dover, Delaware 19901

On the day of your hearing, you must arrive a little early. You never want to be late for this type of hearing. Therefore, you should give yourself extra time to make it to the location in case there is traffic or any inconveniences along the way.

When it comes to what you should wear, you should make sure that you are dressed appropriately. This does not mean that you have to wear a suit or dress, but you should wear something that looks professional, neat, and clean. Simply put, you do not want to wear a T-shirt and jeans, but a nice button-up shirt and a pair of slacks would be sufficient.

What type of evidence should I collect for my hearing?

You should collect strong and convincing evidence for your hearing, such as:

• Medical records
• Doctor notes
• Medical bills
• Pay stubs or tax papers showing lost wages
• Employment records
• Accident reports

Your attorney may also reach out to eyewitnesses and expert witnesses to speak at your hearing. Their statements and testimonies could back up your facts and more thoroughly explain how your injuries have affected you.

What types of questions might I be asked?

As mentioned, you may be asked a variety of questions to help the Board understand your situation and determine whether you should receive workers’ compensation benefits. Some of the questions you may be asked include:

• What happened or how did you become injured?
• What symptoms or consequences have you experienced since the accident?
• What type of work or tasks do you normally do at your job?
• Have you tried to return to work?
• When did the accident occur?
• How much do you typically make?
• Did you report the accident to your supervisor or manager? If so, when?
• Did you seek medical attention for your injuries? If so, when?
• What type of medical treatment have you received?
• Do you have pre-existing or previous injuries? Have they become worse?

A hearing before the Industrial Accident Board is typically necessary to resolve the issues that arise in a workers’ compensation claim. Therefore, if you have an upcoming hearing with the Board, it is crucial to select a Delaware workers’ compensation lawyer who is experienced and well-versed in the laws surrounding workers’ compensation claims to ensure that your case will be accurately presented to the Board and that you have the best chance of securing the benefits you are entitled to. At Silverman, McDonald & Friedman, our attorneys are very familiar with the workers’ compensation laws and procedures, and we will work endlessly to help your case reach a fair and agreeable resolution. For more information or to begin discussing and preparing for your hearing, please call our office or submit our contact form today. We have offices in Newark, Wilmington, and Seaford for your convenience.