Workers’ comp hearings process

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What is the process for workers’ compensation hearings?

Request a hearing
Informal Hearings
Pre-Formal Hearings
Formal Hearings
Appeals
Other hearings

A worker, employer, or their representative can request a hearing when an issue or issues can’t be resolved. Make sure you attach evidence such as medical reports, test results, and evaluations. An administrative law judge will review the evidence.

A hearing can be postponed only if both parties agree to it ahead of time.

The Workers' Compensation Commission (WCC) uses hearings and appeals to resolve disputes in workers' compensation cases.

Get Hearing Forms here.
Find district offices here. 

Request a hearing

Take these steps if you don't think you're receiving the medical care or workers' compensation benefits you deserve.

Informal Hearings

The WCC helps resolve 95 percent of disputes through Informal Hearings. The hearings last about 15 minutes.

A claimant must ask for an Informal Hearing to:

  • Request discretionary “308a” wage differential benefits or
  • Have a scar or disfigurement evaluated

Please note that we can’t and don’t give legal advice. However, we’ve put together a list of agencies that can help with workers’ comp in many ways.

Workers and employers can request an Informal Hearing by contacting the district office where they’re held. You must first try to agree on a solution. If you can’t, you can ask for a hearing. An administrative law judge will listen to your case. The judges are impartial fact-finders who:

  • Help workers and employers come to an agreement
  • Award appropriate benefits, such as “308a” or scar and disfigurement benefits
  • Approve voluntary agreements

The worker and the employer (or their insurance carrier) should attend the Informal Hearing.

  • Workers may attend alone or with an interpreter.
  • They can have an attorney, union official, or other workers’ comp representative come with them or in their place.
  • Insurance adjusters and/or attorneys often represent employers and insurers.

The judge will discuss the issues and evidence with you. Be ready to explain the disagreement. After reviewing the evidence and sharing the issues, the judge usually recommends a solution. If both parties agree, the recommendation is binding – it must be fulfilled.

If one Informal Hearing doesn’t resolve the dispute, another one is usually scheduled to continue the discussion and/or present more evidence. If another Informal Hearing doesn’t resolve the dispute, you can request a Formal Hearing.

Pre-Formal Hearings

We usually hold a Pre-Formal Hearing before a Formal one. If an attorney at your Informal Hearing didn’t represent you, you should consider bringing one to the Pre-Formal Hearing.

The goal of a Pre-Formal Hearing is to resolve the dispute or streamline the process. In the hearing, both sides tell the judge:

  • The issues they want decided
  • Evidence they expect to submit
  • Testimony they will give
  • The names of other people who will give recorded testimony

Don’t expect the judge to consider issues or evidence (including testimony) beyond things discussed at the Pre-Formal Hearing. Both sides will agree to a schedule for preparing their cases. They’ll give the administrative law judge this timetable, who may:

  • Schedule a second Pre-Formal Hearing to confirm you’re both following the schedule, or
  • Schedule the Formal Hearing
Formal Hearings

Formal Hearings are a legal proceeding presided over by an administrative law judge. They’re scheduled ONLY when disputes aren’t resolved at Informal Hearings. Either side can request a hearing.

The goal of a Formal Hearing is to resolve disagreements. They may last several hours and take multiple sessions. Both the claimant (worker) and the respondent (employer or insurer) attend the hearing. Attorneys who specialize in workers' compensation law usually represent workers, though it isn’t required.

Formal Hearings resemble court trials. Evidence is submitted as exhibits. Witnesses may give testimony under oath. A stenographer creates an accurate written record of the proceedings. Unlike regular court trials, however, the judge may ask questions.

After the Formal Hearing, the judge:

  • Reviews the evidence presented and any briefs filed after it
  • Issues a written decision called a “Finding and Award” or a “Finding and Dismissal”
  • It includes facts and conclusions about the disputed case’s issue(s)
  • It must be delivered to both parties within 120 days of the hearing’s end

This written decision is binding for all parties. They must fulfill it unless they appeal it to WCC’s Compensation Review Board (CRB).

Appeals

You have 20 days to appeal the decision to the CRB. Submit a Petition for Review form to file an appeal (PDF).

Other hearings

Workers who believe they were fired or discriminated against for filing a workers' compensation claim can take action. These cases are based on Workers' Compensation Act Section 31-290a. 31-290a claims can take place in a couple different ways:

  • As a complaint filed with the WCC Chairperson, which then results in a hearing

OR

  • A civil action in the CT Superior Court for the judicial district where the employer has its principal office

Workers’ comp hearings can be held for other reasons. For instance, a claimant must request an Informal Hearing to ask for “308a” wage differential benefits or to have a scar or disfigurement evaluation.

If your employer or insurance carrier disagrees with your claim:

They must send you an official written notice of their intention to not cover some or all workers' comp benefits. They will use Form 43: Notice to Administrative Law Judge and Employee of Intention to Contest Employee’s Right to Compensation Benefits (PDF).

Hearings Hearings and appeals
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