Throughout a worker’s compensation claim, an injured employee will likely have multiple opportunities to settle the case. Along with informal negotiations, many cases have in-person conferences called mediations, which ease the settlement process. Read on to learn more about worker’s comp mediation.
The Basics of Mediation
Mediations are informal meetings between workers and insurance companies, where both sides try to arrive at a fair settlement. Mediations are typically facilitated by neutral third parties, who are usually judges or attorneys with worker’s compensation experience. Most jurisdictions require parties to attend these meetings or participate in another form of dispute resolution before the case proceeds to a formal hearing.
Before Mediation
If a mediation meeting is scheduled, workers can do a couple of things to expedite the process. First, it’s wise to consult an attorney for Personalized Legal Service in Wilkes-Barre PA. A skilled worker’s compensation lawyer may make the mediation process easier to understand and more likely to succeed. Although the meeting is informal, a worker may have to answer questions, summarize his or her position, and make or respond to a settlement offer. A lawyer will assume this role and put the worker on an even footing with the insurer and its legal team.
During Mediation
Clients should arrive at the meeting on time and well-groomed. At the beginning of the meeting, the mediator will introduce themselves and explain the process. Both sides typically make a brief presentation of the facts in their cases. While the worker’s lawyer typically handles this duty, the client may make a statement at this time. After the mediator has met with both sides, the employee’s lawyer will make a settlement offer. The employer’s insurer will respond with a counteroffer, and the process will continue until the sides agree or decide that settlement is impossible.
After Mediation
If both sides come to an agreement during mediation, their legal teams will create an agreement outlining settlement terms. Worker’s compensation settlements must be approved by the appropriate state agency before an agreement may be finalized. While most cases settle during mediation or shortly thereafter, some do not, and they head to a formal hearing before a worker’s compensation judge. Click here for Personalized Legal Service in Wilkes-Barre PA. You can also visit them on Google My Business.
