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How Often Do Workers Comp Cases Go to Trial

How Often Do Workers Comp Cases Go to Trial


Are you wondering how often workers’ compensation cases end up in trial? In this comprehensive guide, we explore the factors that influence whether a workers’ comp case goes to trial, the alternatives to trial, and what to expect during the process. Gain valuable insights to navigate the workers’ comp system with confidence.

Workers’ compensation provides crucial financial and medical benefits to employees injured on the job. However, not all workers’ comp claims are resolved without complications. Some cases end up going to trial, while others are resolved through alternative means. In this article, we delve into the factors that determine whether a workers’ comp case goes to trial, the steps involved in the trial process, and the alternatives available to avoid trial whenever possible.

Understanding Workers’ Comp Cases and Trial Frequency

  1. Defining Workers’ Compensation: Workers’ compensation is a system that provides financial compensation and medical benefits to employees injured or disabled on the job.
  2. Factors Influencing Trial Frequency: Various factors affect the likelihood of a workers’ comp case going to trial, such as the complexity of the case, disputes over liability, and the parties’ willingness to negotiate.
  3. Frequency of Trials: Statistics and data on the percentage of workers’ comp cases that end up in trial and the reasons behind them.

The Workers’ Comp Trial Process

  1. Filing the Claim: The injured worker initiates the workers’ comp claim by notifying their employer and filing the necessary paperwork.
  2. Investigation and Discovery: Both parties gather evidence, medical records, and other relevant information to support their case.
  3. Mediation and Settlement Talks: Before trial, mediation and settlement talks may be conducted to resolve the case without going to court.
  4. Pre-Trial Conference: A meeting between the parties and the judge to discuss the case’s status and explore the possibility of settlement.
  5. The Trial: If no settlement is reached, the case proceeds to trial, where evidence is presented, witnesses testify, and a judge or jury makes a decision.
  6. Appeals Process: If dissatisfied with the trial outcome, either party may have the right to appeal the decision.

Alternatives to Trial

  1. Mediation: A neutral third party assists in facilitating communication and reaching a resolution between the parties.
  2. Arbitration: An arbitrator reviews the evidence and makes a binding decision, similar to a trial but less formal.
  3. Negotiated Settlements: The parties negotiate a settlement without the need for court involvement.
  4. Compromise and Release: The injured worker agrees to a lump-sum settlement in exchange for closing the workers’ comp case.

FAQs About Workers’ Comp Cases and Trials

  1. Is it common for workers’ comp cases to go to trial?

    No, the majority of workers’ comp cases are resolved without going to trial.
  2. Can an injured worker refuse a settlement offer and proceed to trial?

    Yes, an injured worker has the right to reject a settlement offer and pursue the case in court.
  3. What happens if the workers’ comp insurance company denies the claim?

    If the claim is denied, the injured worker may appeal the decision or seek legal representation.
  4. Can an injured worker represent themselves in a workers’ comp trial?

    Yes, an injured worker has the option to represent themselves, but it is advisable to seek legal counsel for better outcomes.
  5. How long does the workers’ comp trial process typically take?

    The duration of the trial process varies depending on the complexity of the case and the court’s schedule.
  6. Can the employer dispute a workers’ comp claim even if it’s legitimate?

    Yes, the employer or their insurance company may dispute the claim, leading to a trial or alternative resolution.


While some workers’ comp cases go to trial, the majority are resolved through alternative means such as mediation or negotiated settlements. The trial process is a formal and sometimes lengthy procedure that can be avoided if both parties are willing to negotiate in good faith. Understanding the workers’ comp system and the available options can help injured workers navigate the process and receive the benefits they deserve. If you find yourself facing a workers’ comp claim, consider seeking legal counsel to protect your rights and ensure a fair resolution.

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