Do you need a lawyer for a workers' compensation hearing?

Published: 6/30/2024
While not strictly required, it is highly recommended that you have a lawyer represent you at a workers' compensation hearing in Georgia.
Pro se claimants (people representing themselves in workers compensation matters) generally face significant challenges in workers’ compensation cases, and the outcomes virtually always do not favor them.
The State Board of Workers’ compensation publishes “awards” on their website, which are decisions made by administrative law judges in workers’ compensation cases. These published awards provide insight into the outcomes of cases and the types of issues that arise in workers’ compensation claims.
- In claim number 2023011290, the pro se claimant failed to prove by a preponderance of competent and credible evidence that she suffered a work-related injury or disability. The administrative law judge found her testimony and evidence lacking credibility and denied her request for benefits under Georgia’s Workers’ Compensation Act
- Similarly, in claim number 2023118242, the pro se claimant was found to lack credibility and failed to provide medical evidence to support his alleged injury. His request for benefits was denied, and he was even assessed attorney’s fees for unreasonable prosecution of the claim. The claimant was ordered to pay his employer’s lawyer $7000
- In claim number 2022064090, the pro se claimant failed to establish that he suffered a hernia or any disability causally connected to an on-the-job injury, resulting in denial of benefits
Results like the above are typical for pro se claimants. The administrative law judges often find their testimony lacking credibility and fail to provide sufficient evidence to support their claims. Administrative law judges frequently note the complexity of workers’ compensation laws and recommend legal representation for claimants.
You can read more rulings by the State Board of Workers’ Compensation by clicking here and searching for “pro se”. The rate of success for pro se claimants is very low, and the administrative law judges often recommend that claimants seek legal representation to navigate the complexities of workers’ compensation cases.
The workers’ comp system in Georgia is simply not designed for individuals to represent themselves effectively. The legal landscape of workers’ compensation is intricate, with numerous rules, regulations, and procedures that can be difficult to navigate without a solid understanding of the law. The administrative law judges are not there to provide legal advice or assistance to pro se claimants, and will hold them to the same standards as attorneys.