Phoenix, Arizona, Experienced Workers' Comp Attorney
The discovery process in a workers' compensation benefits claim is critical in every case. Discovery involves obtaining evidence to support your claim and providing information to the other side. When you have suffered in a workplace injury, an experienced workers' compensation lawyer can take the necessary steps to protect your rights. Contact the Law Office of Stephen L. Weiss to determine if your situation requires further investigation.
Discovery and Your Hearing
Once a hearing is requested, the injured worker is advised of the initial hearing date about 30 days later. The initial hearing is normally scheduled out 60 days from the date of notification. Discovery is then conducted from that point until approximately two weeks before the first hearing.
The Discovery Process
As your advocate, our office will send interrogatories, or written questions, to the lawyer for the insurance company to learn what evidence and defenses the insurance company will be presenting. We will also help you to deal with the discovery process that the insurance company is conducting.
The insurance company's discovery process will normally involve three aspects, for which each client will be prepared: interrogatories, depositions and an independent medical examination. The insurance company's attorney will send interrogatories (written questions) for the injured worker to answer. Next, the insurance company will take a deposition of the injured worker. The deposition is used to gather more evidence and learn more about the injured worker. Finally, the insurance company will usually require the injured worker to undergo an independent medical examination.
The Independent Medical Examination (IME)
Independent medical examinations (IMEs) are conducted often scheduled by the insurance company when the issue being litigated involves the injured worker's medical condition. The insurance company will choose a doctor (an independent medical examiner) to examine the injured worker and write a report. The doctor may state that the injured worker has nothing wrong with him, or that whatever is ailing the worker is attributable to another cause.
How the injured worker is perceived by the examining doctor can affect the results of the examination. As your legal representative, we will prepare each client on what to expect during the IME and how to best present to the IME doctor.
Contact us so we can learn more about your case to determine if you require legal assistance and to see if we can help you.
Law Office of Stephen L. Weiss
1001 N. Central Avenue
Suite 701
Phoenix, AZ 85004
Toll Free: (877) 380-5528
Phone: (602) 257-0200
Fax: (602) 257-1555