Most workers’ comp cases end in a settlement between the injured employee and the insurance company. There are several good reasons to settle your workers’ comp claim, including avoiding the risk, time, and stress of a hearing with a workers’ comp judge.
There are different ways to work out a settlement with the insurer, including through informal negotiations by letter, email, or phone conversations. Often, however, you’ll attend at least one in-person mediation or settlement conference to move the negotiations along.
If you’ve never participated in mediation or settlement before, the whole process can seem intimidating. But knowing what to expect can ease your concerns and allow you to become a more meaningful participant.
What Is Workers' Compensation Mediation?
Mediation is an informal meeting where the two sides in a dispute try to come to an agreement with the help of a neutral third person—the mediator. In workers’ comp cases, the mediator is usually a workers’ comp judge, another official of the state workers’ compensation agency, or a lawyer with experience in this field.
Most states require injured employees to go through mediation or some other form of dispute resolution before the case can proceed to a workers’ comp hearing. Even where mediation isn’t mandatory, however, it can be a useful and efficient method for trying to reaching an agreement that’s acceptable to both sides.
How to Prepare for Worker's Comp Mediation
If there is a mediation scheduled in your case, there are a couple of things you can do to make the process go more smoothly.
First, strongly consider consulting with a workers’ comp attorney if you haven’t already done so. You don’t have to have legal representation in mediation, but a skilled workers’ comp attorney can help you navigate the process and make it more likely that you’ll come out with a good settlement.
Although mediation is informal, you may be expected to answer questions, present a general summary of your position, and make and respond to settlement offers. An attorney will take on this role for you and put you on equal footing with the insurance company, which is likely to have its lawyer present.
Second, you should make sure that you’ve gathered all of the evidence that can lend support to your case. This is typically done through a process called “discovery,” which you can use to collect documents, question witnesses, and ask the insurance company about the evidence it plans to use against you. This is another time when an attorney can be very helpful to your case.
If you have strong evidence to support your position, you may even be able to settle your case prior to the mediation. If not, organizing the evidence in a simple, easy-to-follow presentation can be crucial to success at mediation. This will show your employer and the insurance company that they’re taking a risk by not offering you an acceptable settlement.
What to Expect at Your Workers' Comp Mediation
Make sure to arrive at your mediation on time and dressed neatly. After making introductions and briefly explaining the process, the mediator asks you and the insurer to make a short presentation, highlighting the facts in support of your case. Your lawyer (if you have one) will take care of this but may also ask you to make a short statement.
After you and the insurer have made your presentations, the mediator will meet separately with each side.
During these meetings, the mediator may ask questions or point out the strengths and weaknesses of your case. After one or more rounds of this, one side (probably you) will make an initial settlement offer.
The mediator will present your offer to the insurance company, which will usually respond with a counteroffer. The process may continue for an hour or more, with the mediator going back and forth between the two rooms, until you and the insurer either agree on a settlement or decide that you can’t agree.
What Follows Workers' Comp Mediation
If you and the insurance company reach an agreement at mediation, the lawyers will draft an agreement outlining the terms of the settlement (including the amount, how payments will be made, and more).
You should read this document carefully and go over the details with your lawyer, to make sure you understand what you’re getting (and giving up) in your workers’ comp settlement. Depending on where you live and the type of settlement, a workers’ comp judge may have to approve the agreement.
Injured employees often settle their cases at mediation or shortly afterwards. But if mediation doesn’t work for you, your case will continue to the next step, which is typically a hearing before a workers’ comp judge. (Learn more about the workers’ comp appeals process and how to prepare for a workers’ comp hearing.)
Hiring an Attorney for Workers' Comp Mediation
The first step to preparing for you workers' comp mediation is to hire an experienced workers' comp attorney to represent you. An attorney can explain how the process works, develop evidence that helps your case, and conduct negotiations on your behalf.
Most importantly, an attorney will understand which offer is worth taking and which is worth leaving.