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In Florida, mediation is required in every case, as required by law, barring exceptional circumstances. That’s largely because mediation is commonly the best opportunity to get everyone making the decisions together in one place at one time to address the same issues.
Without a streamlined mediation process, concluding a workers’ comp case can become extremely drawn-out, as attorneys try to get word from one party to another and share information back and forth.
In addition to the injured worker, mediation sessions invariably have, at the very least, a representative of the employer or the insurance carrier. Typically, the insurance carrier is the driving party.
It’s also common and helpful to have other people attend who will be closely affected by those decisions. That could be a spouse, or in the case of an elderly worker, a supportive adult child. Including these family members, rather than ostracizing or excluding them, allows them to participate in decision-making that will help the family unit as a whole.
Mediation communications in Florida are confidential. Confidentiality encourages a free exchange of information without repercussions if there isn’t an ultimate resolution of the claim.
As a result, you can speak freely about potential resolutions without the consequence of any party telling the judge what you said you might or might not do.
Attorney Matthew Romanik is an experienced, respected workers’ comp attorney serving Florida. Since 1999, he’s helped clients just like you navigate late or missing workers’ comp checks, communicate with carriers, and ensure clients get the attention and vigilance their case deserves.
Have questions, or in need of legal representation? Reach out to Working For Workers for an initial consultation today.
It’s not only possible, but fairly common, for a compensation case to be settled during mediation. There are times, earlier in a claim, in the mediation process when particular benefits or the need for ongoing treatment are in play. However, at any point in time, a claimant can decide to settle a workers’ compensation case in whole or part.
The documents you should bring to a mediation are highly dependent on the issue involved and what’s at stake. For example, if it’s a request for a medical service, it’s helpful to have the documents from the medical provider specifying what they’re requesting and why. If there’s a dispute about what pay is due to you, having payroll records or documentation of earnings is helpful.
The most significant benefit of having a lawyer represent you throughout mediation is that they can clarify what the law can and cannot do for you. For example, many people don’t understand the restrictions and prohibitions that the law places on insurance carriers. That’s why it’s crucial to have a lawyer familiar with the system to help you make informed decisions.
Thorough preparation is key. You must understand what the law can and cannot do for you, the potential outcomes you’re facing, and the likelihood of those outcomes.
If you attend mediation with a clear understanding of the potential outcomes, you’ll be more able to contemplate what your ultimate goal and direction should be.
For more information on Florida workers’ compensation mediation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 229-3722 today.
Attorney Matthew Romanik is an experienced, respected workers’ comp attorney serving Florida. Since 1999, he’s helped clients just like you navigate late or missing workers’ comp checks, communicate with carriers, and ensure clients get the attention and vigilance their case deserves.
Have questions, or in need of legal representation? Reach out to Working For Workers for an initial consultation today.
