Understanding Worker's Compensation Mediation

After an employee is injured on the job, they can seek payment for their medical expenses by their employer. Some employers and their insurance carriers don't take full responsibility for the injury. The employee has the right to involve other parties in order to resolve the issue if the amount of benefits is disputed. 

This page describes the mediation process for resolving disputes between employees and employers in a workers compensation claim. Having the worker's compensation lawyers of the Coye Law Firm on your side can help to speed up the recovery and benefits process.

 

Filing for Mediation

If an employee is being denied benefits, they can file a Petition for Benefits form which goes through the Office of the Judges of Compensation Claims. This form is basically a demand for the employer to provide benefits for their workplace injuries. It is sent to a government office, so the employer can face consequences for evading the law if they continue to deny a claim. 

Filing the Petition for Benefits requires that mediation take place within 130 days. Within 40 days of filing, the judge's office will notify the parties that mediation has been scheduled. An attorney is an essential part of this process. A workers compensation lawyer can help to make sure that your rights are protected and plan for the future of your claim. This meeting can take place in person or through another means if all parties agree to it. The mediation is confidential and kept from becoming a matter of public record.

 

What is Mediation?

Mediation is a process of resolving a dispute by consulting a third party. It is used in workers' compensation claims to reach a compromise between an employee and employer regarding benefits for an on-the-job injury.

Mediation is beneficial because it:
  • saves time
  • saves money
  • is confidential
  • protects the interests of both parties
  • allows both employee and employer to consider new solutions before accepting them
An impartial third party looks at the issue and proposes a solution in the mediation process. If the dispute were to go to trial, the court's ruling would be a final decision that could disregard the best interests for both parties. The mediator proposes a solution and allows both parties to consider it before they accept the terms.

Selecting a Mediator

Mediators can be selected by the Division of Administrative Hearings. They are required to be a member of the Florida Bar for 5 years and complete an approved training course in mediation. A private mediation allows the parties to choose a mediator that will be paid for by the employer's insurance carrier. A public mediation is kept confidential as well, despite the somewhat confusing name.

Frequently asked questions about mediations can be answered by calling our offices. The time it takes for issues to be resolved varies. The Florida Department of Financial Services has developed a flowchart for the mediation process . Depending on the solution that the mediator develops and each party's willingness to agree, the process can be smooth and fast. An attorney is a necessary part of this ideal situation. Call the Coye Law Firm today to discuss your on the job injury and workers' compensation claim with an experienced lawyer who will aggressively represent your rights. 

 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 


If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
  • ...and much more.

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