Workers’ compensation laws are designed to protect employees who sustain on-the-job injuries by providing the financial assistance needed to recover. Unfortunately, your claim can be denied, or you may be awarded an amount that’s much lower than you deserve. In these cases, you can file an appeal. Before going to court, you’ll have the opportunity to negotiate a settlement at a mediation session. Here’s what to know about the process.

A Guide to Mediation in Workers’ Compensation Claims

Am I required to attend mediation?

If the State Board of Workers’ Compensation orders you to participate in mediation, you must do so to continue appealing your claim. Failure to comply can result in a denial of benefits.

While you’re required to attend mediation sessions, this doesn’t mean you have to reach an agreement. If you’re unable to negotiate a fair and reasonable settlement, you may still decide to pursue your case in a workers’ compensation hearing.

How should I prepare for mediation?

Speak with a workers’ compensation attorney prior to mediation. They’ll ensure you’re properly prepared to present the facts of your case in a manner that’s favorable to your best interests.

Gather all the evidence that supports your position, including medical records and witness statements, to make the best possible case. An attorney will also determine how much you could realistically be awarded and calculate different settlement amounts considered acceptable for your injury.

What does mediation involve?

Mediation is an informal meeting between the injured employee, their attorney, the employer’s insurance adjuster, and an attorney for the insurance company. A third-party mediator will give each side the opportunity to summarize the basics of their case.

Then, the parties are divided into separate rooms where the mediator will discuss the strengths and weaknesses of both arguments in a neutral manner. Next, negotiations will begin and go back and forth until an offer is accepted or an impasse is declared.

What happens after mediation?

When a claim is settled through mediation, both parties will sign and file the required paperwork to be approved by the State Board of Workers’ Compensation. Once you receive Board approval, the insurance company has 20 days to pay the settlement. If an agreement can’t be reached, the case will proceed to a hearing before a workers’ compensation judge.  

If there’s a dispute with your workers’ compensation claim, seek counsel from the trusted legal team at Stow, Garvin & Glenn in Gainesville, GA. They’ll guide you through the mediation process and assist you in negotiating the best available settlement. For over 50 years, this law firm has remained dedicated to providing injured employees with effective and skilled representation. Call (770) 534-5265 to schedule a consultation, or visit them online for more information on how they can help.