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How Expert Testimony Can Help With Your Workers Compensation Case

expert testimony in workers comp case

Let’s say you have the following situation: you’ve been injured on the job and you have filed a workers compensation claim. These benefits are supposed to ensure you get adequate medical treatment, and even lost wages should you need to take some time off.

But there’s a problem. The insurance company doesn’t agree with what you’re claiming. Maybe they’re saying there’s no way your injury or illness is work-related. Maybe they have doubts about how much pain you actually feel.

In any case, they are pushing back, and that affects your claim. What choices do you have?

What an Expert Testimony Is and How It Can Help

If you’ve watched movies or TV shows about lawyers, or anything that has a scene in a courtroom, you’ve likely seen an expert in something take the stand at some point.

Expert testimony is sometimes necessary for one side to show what they’re claiming is true, or that at least it can be possible. Here, you need an expert witness who, although they have not seen the incident take place, have established expertise in a particular field. They are brought on to give their opinion or interpretation of a specific subject.

In a worker’s comp case, an expert witness could be a doctor who is a specialist in your illness or injury. They can be brought on to testify that what you are claiming is, in fact true.

For example, let’s say you develop a mental health disorder because you work as a nurse and are constantly surrounded by emotionally draining events. If you were to file a worker’s comp claim, and the insurance company isn’t sure your mental health disorder is work-related, and expert witness can be brought on, like a therapist.

The said therapist will analyze your case, your symptoms, and together with their own knowledge in the field, can give their opinion on the matter at hand. Because they are established in their field, their opinion holds a lot more weight than those of your colleagues or family members.

The Other Side Can Do It as Well

It is important to note that the other side can bring their own questions and try to poke holes in the testimony of your expert witness.

Additionally, they can bring their own expert, who will then testify on their behalf. It’s possible for a single claim to have multiple expert testimonies, even that contradict each other, depending on how complex the claim really is.

What Can You Do?

If the insurance company is pushing back, you should get in touch with an experienced St. Louis worker’s comp attorney for help, especially if the other side is bridging in an expert witness. An attorney can help you find the right expert witness to help your claim, as well as defend your legal rights to make sure you get fair compensation.

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Updated: February 25, 2020