If you disagree with a workers’ compensation settlement your employer’s insurance company makes you, you may never see the inside of a courtroom. The courts only hear approximately 5% of workers’ compensation cases. Before scheduling your case, you may go through mediation. Some states may order mediation, and others may allow you to request it or make it voluntary.
Mediation is often a meeting between you, the insurance representative, and a trained neutral party designed to help you resolve your differences. Although a lawyer is not required, this is not a wise move. Discover a few reasons why.
1. Your Attorney Can Help You Understand Workers’ Compensation Law
You may have studied the rules and regulations, but quirks, nuisances, and case history may come into play during your mediation. You will not have time to stop and look up any case law the other side may quote.
An experienced workers’ compensation lawyer will already be familiar with any concerns raised. By being present, they will be able to advise you during the actual mediation.
2. Your Attorney Will Be Able to Prepare You for Mediation
If you are like most people, you probably have not ever experienced workers’ compensation mediation. Being unfamiliar with the process makes it difficult to know what to expect during the process.
When you invite your attorney to attend your mediation, they will prepare you for the event in advance. Because they have often participated in numerous mediations in the past, they know precisely how to prepare you for the meeting. Your attorney will also know exactly how the present your case to gain the highest settlement.
3. Your Attorney Can Help You Calculate the Real Value of Your Settlement
Your workers’ compensation settlement has numerous components. Some of these are clear-cut. These usually include:
- Lost wages
- Medical expenses
- Travel expenses
- Future medical costs
The value of other components is much harder to monetize. These include loss of use of your injured body part, scarring, and emotional trauma, to name a few.
Workers’ compensation adjusters may present you with settlement offers they have designed using a workers’ compensation settlement calculator, but these do not usually represent the actual value of your injuries. Although no one can tell you what your injury is worth to you, your attorney will be able to provide you with better calculations to counter the adjusters.
4. Your Mediation Agreement Is Binding
During your mediation appointment, you either settle, or you do not. If you settle, the mediator will present you with a recorded settlement offer. Both you and the insurance adjuster will sign it, acknowledging your agreement to the proposal. Signing the settlement agreement forfeits some of the rights you have in your workers’ compensation case. This binding agreement is then submitted for final approval.
Trained workers’ compensation mediators conduct mediation. Some mediators have been former workers’ compensation attorneys, and others may have worked for your state’s workers’ comp agency or may even be a former workers’ compensation judge. Because of their experiences, they can generally offer both sides good counsel when attempting to mediate your settlement. However, having your attorney by your side can help ensure that you agree to a mediation agreement that works for you.
Mediation is often the last option before scheduling your case for a hearing. If you do not reach a settlement during mediation, your claim will continue. Your attorney can continue to negotiate your claim with the insurer until the actual hearing.
Do not agree to a settlement meeting without bringing your attorney with you. Doing so may be one of the wisest moves you make. Randall A. Wolff & Associates, LTD., want to help you get the compensation you deserve. Give us a call today so we can help you get started.
