A workers’ compensation hearing can feel pretty informal. You’re answering questions, telling your story, and it may even feel like a normal conversation. That’s where people get into trouble. A hearing is not casual at all. Every word you say is sworn testimony, recorded, and saved. One careless answer or poorly chosen phrase can hurt your credibility—and your case—fast.
Most workers’ comp cases come down to credibility. If a judge doesn’t trust you, nothing else matters as much.
You don’t have to tell a big lie to lose credibility. Small inconsistencies are enough. If something you say doesn’t line up with medical records or earlier testimony, the insurance company will jump on it.
Judges can’t read your mind. They can only evaluate what you actually said. Careful, consistent answers go a long way toward protecting your case.
The Danger of Using Absolute Language
Words like “never” and “always” are dangerous in hearings. One exception is all it takes to make you look untruthful.
If you say you never had pain before, or you always did something, the other side will look for proof that you didn’t. Once they find it, the focus shifts to your honesty instead of your injury. Use realistic language. “Most of the time,” “generally,” or “before this injury I didn’t have ongoing issues” is safer and more accurate.
Why You Must Never Hide Prior Injuries
Trying to hide an old injury almost always backfires. Many people think old injuries don’t matter or only work injuries count. That’s a mistake. Insurance companies can find old medical records and prior claims. When a past injury shows up after you denied it, the problem isn’t the injury—it’s your credibility.
Being honest upfront usually helps your case. It lets your attorney explain why this injury is different or worse. Surprises are what hurt cases.
Do Not Give Your Own Medical Opinions
Saying things like “I’m fine” or “I’m better now” can seriously hurt your case, even if that’s not what you meant.
Judges hear those statements as proof that your injury has resolved. That can undercut disability claims and ongoing treatment—even if your medical records say otherwise. Doctors give medical opinions. Lawyers make legal arguments. Your job is to describe what you experience, clearly and honestly.
The Importance of Attorney Preparation Before the Hearing
No one should walk into a hearing unprepared. Preparation isn’t about memorizing answers—it’s about understanding what to expect. Mock hearings and question prep reduce anxiety and prevent avoidable mistakes. They also help your attorney address issues proactively. Winging it is risky. Preparation protects you.
Controlling Emotions and Avoiding Defensiveness
Hearings are personal. You were hurt. Your life was disrupted. Feeling emotional is normal—but showing it on the record can hurt you. Anger or defensiveness can make testimony sound exaggerated or unreliable. Insurance attorneys may push buttons on purpose, hoping you’ll react. Staying calm helps you stay clear, consistent, and believable. Take a breath before answering and don’t take questions personally.
Knowing When to Stop Talking
More talking usually creates more problems. Once you’ve answered the question, stop. Filling silence or adding extra details opens the door to inconsistencies and follow-up questions that didn’t need to exist. Short, direct answers protect you and keep the focus where it belongs.
Hearings often feel relaxed. People are polite. The questions sound simple. But make no mistake—this is sworn testimony, not small talk.
Everything you say is recorded and can be turned into a transcript. Insurance attorneys aren’t listening like friends; they’re listening for wording they can compare to medical records or prior statements. Even casual phrasing can come back to haunt you.
In everyday life, we speak loosely. In a hearing, that doesn’t work. Judges care about your exact words, not what you meant. Treat the hearing like the formal legal process it is, because that’s exactly what it is.
Listening Carefully to the Question Being Asked
A lot of damage happens when people answer the question they think they heard instead of the one that was actually asked. Small wording differences matter. Assuming instead of listening can lead to inaccurate answers that are hard to fix later.
Never Guess, Speculate, or “Think Aloud”
Guessing is risky. Words like “maybe,” “probably,” or “I think” can turn into facts that later get disproven. There’s nothing wrong with saying “I don’t know” or “I don’t recall.” Judges expect imperfect memory. They don’t expect speculation. Only testify to what you know for sure.
Avoid Exaggerating Pain or Limitations
Overstating pain or incapacity can backfire. Extreme claims raise red flags, especially if records or surveillance show otherwise. Exaggeration hurts credibility. Clear, honest descriptions help it. Consistency matters more than intensity.
Answer Only the Question Asked
Volunteering extra information feels helpful, but it usually isn’t. Extra details can create contradictions or lead the case in a bad direction. If a yes or no answers the question, stop there. This is a legal process, not a conversation. Let your attorney guide it.
Describe Limitations, Not Impossibilities
Saying you “can’t do anything” or “never leave the house” is rarely accurate—and easy to disprove. Most injured workers still do some daily activities. Be specific. Explain what you can do, how long you can do it, and what happens when you try. Limits are believable. Absolutes are risky.
The Power of Pausing Before You Answer
You don’t need to answer immediately. Pausing helps you understand the question and avoid mistakes. Pauses are normal and expected. They improve clarity and keep the record clean. Listen. Pause. Answer.
If you have questions about your case or your hearing, you can contact me, Rex Zachofsky, anytime. No pressure—just a straightforward conversation to help you protect yourself and your claim.
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