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When the COVID pandemic took away our ability to meet in person, many people began meeting online via platforms such as Zoom and Microsoft Teams. These are often referred to as virtual meetings.
Hearings in workers’ compensation cases are now held online through Microsoft Teams as well. You might be tempted to call them “virtual hearings,” but that name is misleading. Something that is virtual is not quite real. But an online hearing is very real. The procedures used are just as formal, and the results are just as critical as those from in-person hearings.
This catches many workers’ compensation claimants off guard, and they make mistakes that severely damage their ability to receive benefits for the losses they have suffered. It is important to understand how to manage tech requirements and what to do to succeed in a digital hearing if you want to receive the full benefits available under the law.
Much of the information you have regarding your injuries and how they affect your ability to work may be printed on paper, but to process a claim for benefits, you will need to know how to submit information electronically. All workers’ comp claims are managed through the Pennsylvania Workers’ Compensation Automation and Integration System, often abbreviated as WCAIS.
The WCAIS is designed to enable workers’ comp claimants to submit documents related to their claims. This can make it much faster to provide information, and it offers a way to index and access critical information quickly. The digital submission of information may allow decision-makers to receive and evaluate it sooner. However, digital information can be lost, so it is a good idea to keep copies both in print and digitally, in a place where you know how to access them.
The WCAIS system uses Electronic Data Interchange (EDI), enabling staff at the Department of Labor and Industry to view and annotate documents electronically and providing similar capabilities for claimants. Judges handling workers’ comp claims frequently want all communications to be submitted through the WCAIS system, including not just briefs and evidence but also letters and requests made directly to the judge.
Many judges will not answer requests made via email or other methods. So it is important to understand how to use the WCAIS system. If you’re working with an experienced workers’ compensation attorney, your legal representative should know how to use the system to your best advantage, and you can rely on your lawyer to manage communications and submit evidence on your behalf.
Participating in a digital hearing remotely differs significantly from attending a hearing in person. The differences can cause problems if you’re not prepared. To begin with, you will not be able to hand the judge any evidence, so it is vital to ensure that the evidence is uploaded to the appropriate place in the correct format well before the hearing.
It will also be important to ensure that technical preparations are made so that the hearing can proceed with full audio and video capabilities. Judges are busier today than they’ve ever been, and they have no time to wait while someone on your end tries to resolve technical problems. However, even when everything appears to be set up appropriately, problems can occur suddenly during an online proceeding, and you need to be mentally prepared. Audio and video might become out of sync, or a connection could be disrupted. It is helpful to know what you plan to say so that, if you have to repeat it, you will not be at a loss.
Perhaps most importantly, you need to approach a digital hearing with the same decorum that you would use in a courtroom or other official setting. You might feel like the proceedings are casual, but they are not. You will be speaking to a judge with authority to override determinations made against you earlier, and you want to impress the judge with your sincerity and the validity of your claim.
Your attorney can work with you on how to answer questions honestly and completely. While you never want to exaggerate your injuries, you do want the full extent of your disabilities to be evident to the judge, and this can be much harder to do through a digital hearing than when the judge can see you in person.
The easiest and most effective step you can take to prepare for a digital workers’ compensation hearing is to work with an attorney who is experienced in successfully representing claimants in this format. Having a dedicated attorney who can provide guidance tailored to your specific situation should help you be prepared, both legally and mentally, for the process.
You will need to find the right place to make your digital appearance. It should be somewhere quiet with a neutral background. In addition, you will need to ensure you know how to use the software and can transmit and receive audio and video effectively.
It is also vital to ensure the documents and other evidence supporting your claim have been uploaded to the appropriate place in the WCAIS system and that nothing is missing. You should be familiar with the documents so that if the judge asks you a question, you will know what they are talking about. Hopefully, your attorney will have reviewed the questions you’re likely to be asked so that you can feel confident responding. But if you don’t know an answer, it is better to admit that you don’t know than to answer in a way that could be contradictory to the written evidence you’ve submitted under the advice of your lawyer.
At Vanasse Law, we have been helping workers’ compensation claimants recover full benefits for decades. We know what it takes to succeed in person and in digital hearings, and we work to ensure our clients are prepared to take advantage of the best opportunities available, regardless of the format.
Whether you are just starting the claims process or you’re struggling with a denial or termination of benefits, we invite you to contact us to schedule a free consultation so you can learn about the assistance we may be able to provide in your situation. To get started, call us at 717-397-1010 or contact us online today.