The right to a trial by jury is part of the Constitutional Bill of Rights, but unfortunately that doesn't mean you get to start with a jury when you have a workers' compensation claim in Texas.
The Texas workers' compensation system is part of the legal landscape known as "administrative law," which is courts that are separate from the usual judicial branch. They function under their own set of rules, and the cases are heard not by juries, but administrative law judges. These judges are employees of the State of Texas, not elected officials.
The good news is these judges receive training in workers' compensation matters, have experience in hearing these cases, and do multiple cases a day, making it easy to get a quick hearing on your case. Decisions quickly follow, in writing, and the insurance company has to pay benefits even if they appeal.
By contrast, if you have a jury trial, typically that takes 6-9 months from when you request it to appear for the actual trial, the judge and jury have almost no understanding or familiarity with workers' compensation laws, and the case takes up to a week or more to try to a jury. And if the case goes up on appeal, be prepared to wait years more for a final outcome.
In the end, though, they can't keep you from a jury if you really want one and you have lost your case in front of the workers' compensation judge. To do so, you will need to appeal the judge's ruling to the Appeals Panel, then file suit in the state district court. Then the case will be treated essentially like any other court case in terms of procedures, rules of evidence, and so forth. But all you can ask a jury for is the workers' compensation benefits your claim entitles you to-- you can't ask for pain and suffering, future lost wages, or damages against your employer, for example.
Please help us .no one will.running out if time
Posted by: Frank Neidhart | Wednesday, May 10, 2023 at 03:03 PM