Workers Compensation is a much more informal process than a civil case that is being held in a Circuit Court. However, the informal process does not mean that you should not have a Workers Compensation Lawyer that is handling your case for you; in fact, the informal process itself is a reason to hire a Workers Compensation Lawyer, as they are familiar with the intricacies that cannot be found in a book. One of these is the mediation process associated with Workers Compensation.
Generally, mediation allows an Administrative Law Judge (ALJ) to speak with your Workers Compensation Lawyer and the Lawyer for the Employer about your case. The ALJ will ask each side about their view of the case, which includes the facts as they believe them to be and the strengths and weaknesses of each side’s case, in most instances the employee and the employer are not present for this discussion. The ALJ will then give their view of the case, which is based on the positions of your Workers Compensation Lawyer and the Lawyer for the Employer. In the end the ALJ will often give their valuation of the case and try to facilitate a settlement.
It is important that you have a Workers Compensation Lawyer for the mediation as they will be able to highlight the points that each ALJ finds most important and this will allow for a better recommendation for settlement. This can be huge, as it is not uncommon that an ALJ recommendation that is favorable to the employee causes the insurer to reevaluate their case and make a strong settlement offer that did not exist before. As such, if you are scheduled for a mediation it is imperative that you hire a Workers Compensation Lawyer to handle you Workers Compensation claim.
The information provided is for general informational purposes and does not constitute legal advice. No attorney-client relationship is created by this post. The choice of an attorney is an important one and should not be based on advertising alone.