The Georgia workers’ compensation system is not always as straightforward as injured workers would hope for it to be. There can be complications, disagreements, and disputes with insurance carriers. Unfortunately, these issues are more common than most people realize. Mediation may be the answer when the process breaks down and you need help resolving significant issues with your claim.
At the Law Offices of William F. Underwood, III, P.C., we understand the frustration injured workers face when managing the workers’ compensation claim process. If the process stalls and you aren’t getting the benefits you need, mediation may be one of the tools you need to get results. However, entering mediation alone can be daunting.
That’s why you need the help an attorney at the Law Offices of William F. Underwood, III, P.C., can provide. We’ll advocate for you and can guide you through mediation so you have the best opportunity to obtain a favorable result. Contact our office today and talk to an attorney for free about your Georgia workers’ compensation situation.
What Is Workers’ Comp Mediation in Georgia?
In workers’ compensation claims, disputes can arise and communication can break down. With mediation, a neutral third party facilitates communication between disputing parties to reach a mutually beneficial agreement. Mediation encourages each side to explain their side of the situation and fosters meaningful conversation about issues. The process aims to help the parties find common ground and resolve their dispute.
When issues occur or there is a dispute over workers’ compensation benefits, mediation may be an effective tool for bringing both sides to the table to work out a solution. Mediation settlements are often more time-efficient and cost-effective than other legal dispute resolution methods.
Is Mediation Mandatory in Workers’ Compensation Cases?
Mediation is not mandatory to settle workers’ compensation disputes unless the State Board of Workers’ Compensation orders it. If the Board requires mediation to settle a dispute, you must show up and participate in the process. Additionally, you can request mediation by filing the proper paperwork with the Board. Most mediation sessions typically get scheduled within 30 days of the initial request.
Although not always mandatory, the mediation process is encouraged to help the parties work through their differences in a productive manner. You have the chance to learn more about why your claim was denied or why you are not receiving the benefits you think you are entitled to, and the insurance company can review your evidence and hear what you have to say about the issues in question.
While you can engage in mediation negotiations solo, involving a skilled Georgia workers’ compensation attorney who can prepare and represent you is always in your best interest. You need someone to advocate for you and negotiate for the maximum compensation. Mediation may be less formal than a courtroom procedure, but it can still make individuals anxious and overwhelmed.
With an attorney by your side, you can feel confident that you won’t be taken advantage of by an aggressive insurer or other entity, and you can get the workers’ comp mediation help you need.
Tips for a Productive Mediation
The most crucial tip for individuals about to engage in the workers’ compensation mediation process is to contact an experienced and resourceful Georgia workers’ comp attorney. An attorney knows what to expect from mediation and can help you prepare an effective strategy in advance based on your situation’s unique facts and circumstances.
In addition to seeking legal representation, here are some other tips to help prepare for a productive, successful workers’ comp mediation session:
- Choose an Experienced Mediator with Your Lawyer’s Help – Unless the State Board of Workers’ Compensation appoints a specific mediator for your case, an important step in mediation is choosing the best mediator for the job. Your lawyer will have experience with a variety of mediators and can guide you about which mediators should be your top choices. Your employer’s insurer’s workers’ comp lawyer will need to agree with your choice of mediator, too.
- Utilize Your Lawyer’s Communication Skills – A good lawyer spends much of their working life communicating with other people. They explain their clients’ cases persuasively to judges or opposing counsel. They advise their clients about difficult legal concepts in language a layperson can understand. Use your lawyer’s skills in this area, and let them speak on your behalf.
- Manage Your Emotions with Professional Guidance – Your lawyer is also a bulwark of calm in the midst of what can be a turbulent process. Take your cues from them and maintain your composure in the mediation setting, no matter what the topic of discussion may be.
- Make Sure Your Lawyer Has All Your Documentation – Mediation is about finding common ground and compromises to a stalemate. Your lawyer will present compelling arguments for why you deserve benefits or compensation, and that means presenting evidence that supports your position.
- Don’t Be Afraid to Speak Up – Mediation should foster communication between both parties. Do not be afraid to let your voice be heard. Tell your lawyer when an issue doesn’t sit right and why so they can communicate your issue to the opposing party. Working with an attorney can help make you feel more confident about speaking with other parties face-to-face.
- Review Settlement Terms – Understand the value of your claim. Mediation can fail when you overvalue your claim and refuse to compromise. You want what’s fair, and presenting a claim that shows your demands are justified can be a point in your favor. Your attorney will assess the value of your claim and support that value with documentation and medical records. If you reach an agreement in mediation, ask your lawyer to go over the settlement with you to make sure you know that each of your losses has been addressed.
- Follow Up with Your Workers’ Comp Attorney – After the mediation session, talk to your attorney about what went well and about finalizing the settlement agreement. If no agreement was reached, your attorney can advise you about what comes next.
A productive mediation session can help you reach a reasonable and fair settlement with less stress than other legal options.
Contact a Georgia Workers’ Compensation Attorney Today for Help
You don’t have to negotiate for the benefits you need by yourself; you can have legal representation during the mediation process. At the Law Offices of William F. Underwood, III, P.C., we put people first, so our Georgia workers’ compensation attorneys can be there to help you pursue the benefits you deserve after a workplace accident or injury. We are ready to prepare you for mediation and advocate for you when insurers and employers push back.
Contact us today to arrange a free review of your claim and to assess whether workers’ comp mediation would be best for your situation.
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