After suffering a workplace injury or illness, you need quick compensation to offset your losses, which may come in the form of medical expenses, rehabilitation costs and lost wages. Although the workers’ compensation claims process may give you a sense of hope that you’ll be able to speedily recover benefits, the process may not be as simple as you think, and you may come up against more contention than you anticipated. That’s why it’s key that you’re prepared to navigate every procedural step and evidentiary problem that may arise in your workers’ compensation claim. One of them is workers’ compensation mediation.
The basics of workers’ compensation mediation
As you head into your workers’ compensation case, you’ll be ordered into mediation. This mediation must occur within 130 days of the petition’s filing with the goal of finding settlement resolution prior to going to trial. At the beginning of the process, you and other side will have the opportunity to provide opening statements, then you’ll likely go to separate breakout rooms. Once broken out, the mediator will meet with each side to discuss the case’s strengths and weaknesses, identify issues and work with each side to develop fair bargaining positions aimed at acquiring mutually acceptable resolution. If you and the defense come to an agreement, then the mediator will draft an agreement that will specify the terms of your settlement.
This process can be enormously beneficial. It can save you time and money, and it can also alleviate the stress oftentimes associated with formal litigation. Heading into your workers’ compensation case, then, you should embrace the mediation process.
What can you do to effectively prepare for workers’ compensation mediation?
Mediation is a great opportunity to take control of your workers’ compensation case. Here are some ways to ensure you’re approaching your mediation appropriately:
- Obtain and organize relevant documentation: When at mediation, you’ll need to be able to speak to your needs. This includes showing medical records that specify the harm you’ve suffered and your recommended course of treatment, your medical bills to establish the costs you’ve already incurred, wage statements to help show the income you’ve missed out on and any communications you’ve had about your claim. These records will help set the foundation of your case and your position at mediation.
- Draw up a written outline of your argument: You don’t want to be going off memory when you’re in mediation, as you could forget key details or important arguments. So, consider writing out your opening statement as well as a summary of the harm you’ve suffered, the compensation you’re requesting and why you think you’re entitled to that compensation. This will give you strength in the mediation and clarify the issues for the mediator.
- Prepare to counter defense arguments: The defense is going to push back against your request. But don’t let that knowledge rattle you too much. With adequate anticipation, you can craft effective counterarguments that will better position you for success.
- Have a realistic idea of what your outcome could look like: You don’t want to go into mediation with unrealistic expectations. If you do, your requests might shut down negotiations and lead to litigation. By conducting research beforehand, you can figure out how much your claim is worth and set achievable goals.
Effectively advocate for yourself during workers’ compensation mediation
Although the mediation process may not feel as formal as in-court litigation, you have to take the process seriously. If you don’t, then you could wind up with the short end of the stick with far less resources than needed to get back on your feet. So, if you’re ready to fight for the workers’ compensation benefits you deserve, then now is the time to start crafting your legal strategy.