Despite your Fort Lauderdale workers comp lawyer’s best efforts, the insurance company may still deny your claim. At this point, you must begin the appeal process if you want to obtain benefits after your workplace accident. This process starts with workers compensation mediation.
This article explains what typically happens during mediation in a workers comp case.
Who Initiates Mediation in a Workers Comp Appeal?
Once you file an appeal with the Office of Judges of Workers Compensation (OJCC), they will first require you and your employer to attempt to resolve the dispute through mediation. Thus, this is not an optional or alternative route to reaching a solution, but a mandatory step in the workers’ comp appeal process.
The OJCC may appoint a state mediator. In this case, none of the parties has to pay for the workers’ comp mediation. If all state mediators are busy with other cases, each of the parties may hire an independent mediator and pay for their services.
Who Participates in Workers Compensation Mediation?
It is important to remember that mediation is an informal procedure. You will not appear in court before a judge. Instead, the mediation will take place in offices within the OJCC headquarters.
The parties attending this procedure are:
- The mediator
- You and your workers’ comp attorney
- Your employer
- A representative from the workers’ comp insurance company
- An attorney representing your employer or the insurer
How to Prepare for Workers Comp Mediation
Although this is an informal procedure, you should strive to make a good impression and bring as much evidence as possible to support your case. Your attorney will make sure that all the paperwork is in good order and is presented in a logical manner to persuade the mediator.
You should prepare by dressing smartly and maintaining a polite and cooperative attitude during the entire process.
What Happens in Workers Compensation Mediation?
At the beginning, all parties will convene in the same room and present their arguments and evidence. After this, the parties will be split into different rooms. You and your Fort Lauderdale workers comp lawyer will share a room with anyone you wish to bring for moral support (friends, family members), while your employer and the insurance adjuster will be in another room.
The mediator will go back and forth between the two rooms, trying to help the parties reach an agreement. They are not just messengers carrying notes from room to room. In fact, they are experienced professionals who know the workers’ compensation laws and negotiation techniques.
The mediator can:
- Identify issues in the conflict between the parties
- Find a common ground that would smooth over differences
- Suggest compromises and bargaining positions
- Advise on settlement offers to make them more acceptable to the other party.
What Happens After Mediation?
If the mediation is successful, the mediator will draft a Memorandum of Understanding setting down the parties’ agreement. The memorandum will be sent to the judge of workers’ compensation, who will take note that the matter is resolved.
If no compromise can be reached, the mediator will inform the workers’ compensation judge. Thus, the judge will schedule a pre-trial hearing and notify the parties of the date.
Hire a Skilled Fort Lauderdale Workers Comp Lawyer to Represent You!
Even if your claim is not approved in the first instance, it does not mean that you should give up. An experienced Fort Lauderdale workers comp lawyer will represent you during mediation and, if necessary, the formal hearing before the Office of the Judges of Workers Compensation.
Do not waste valuable time looking for a solution on your own. Contact us today to schedule a free case review at 954-388-8616!