How To Have A Successful Workers' Compensation Mediation

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While you do not want to settle for less than what your case is worth, you will also likely hope that your workers' compensation case will be resolved as soon as possible. If negotiations with the insurance provider are not going as well as you hope, one option your workers' compensation lawyer might recommend is mediation.

How Mediation Works

With mediation, a third-party reviews your case and assists you in reaching an agreement. Oftentimes, you will sit in a room and discuss your case with a mediator. This is usually a legal professional such as a retired judge or a lawyer. The purpose of the mediator is to be neutral.

Your mediation will only be as successful as you and the workers' compensation insurance provider are able to make it. Before the mediation, both parties will need to understand your case as much as possible so they can understand why you have the position you have.

Relevant Information

One of the most important pieces of information is your weekly wage. Make sure to include any narrative reports from the doctor that support your position. Always speak with your attorney about how much you can realistically settle for because you will waste time when you are not realistic.

Make sure to explain the history of the claim. Also, explain whether you have any pre-existing conditions that might affect your claim. Not mentioning these will not help you because they will likely be uncovered anyway. Write a mediation summary and make sure that everything is backed up by evidence.

The Mediation

Your attorney will likely coach you on how to present yourself during mediation. Your tone and body language can be very important. You will also want to study your case and make sure you know all of the facts so you can handle the mediation process with more confidence. Then, you will be more able to reach the settlement that you'll be satisfied with.

Your Settlement

You may negotiate a structured settlement or you may negotiate a lump sum. When you negotiate a structured settlement, you will receive regular payments. This can be useful because you may be less tempted to spend the full settlement amount. However, you may also believe that you can put your money to better use if your attorney is able to negotiate a lump sum.

Even if you are not happy with the settlement offer obtained through mediation, you do not necessarily have to agree with it. You can always choose to fight your workers' compensation case in court.

For more information, contact a law firm like Neifert Byrne & Ozga.


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