What Happens During Workers’ Comp Mediation?
What Happens During Workers’ Comp Mediation?
Any person who sustains a workplace injury or illness in California should be entitled to workers’ compensation benefits. However, there are times when disputes arise between the injured worker and their employer or the workers’ compensation insurance carrier.
When this happens, it may be necessary for the parties involved to go through mediation to resolve the issues. In some cases, mediation may be ordered by a judge, but in other cases, it may be requested by the parties involved. Here, we want to discuss what happens at a workers’ compensation mediation in California.
Who Attends a Workers’ Comp Mediation?
Mediation is an informal process when a neutral third party assists those involved toward reaching a successful outcome for the claim at hand. These mediation conferences will not take place in a courtroom but will be held at a location convenient to all parties. Typically, the following individuals attend a workers’ comp mediation hearing in California:
- The mediator
- You
- Your workers’ compensation attorney
- The attorney for the workers’ compensation insurer
- The insurance adjuster for the employer
- Your spouse, a family member, or a close friend if you want them there for support
What Happens at Workers’ Comp Mediation Hearings?
The mediation will usually start out with every party involved sitting together in a large conference room. All mediations are private and confidential, and anything that one party says to the other or during the mediation cannot be used against any party at any trial or future workers’ compensation hearing.
The mediation will typically begin with the mediator giving opening statements about their role, and they will discuss the overall mediation process. Then, attorneys for both sides will have a chance to give a brief statement regarding the main points of contention in the case.
The mediator will then likely assign separate rooms for the parties and go between both rooms in an attempt to resolve the case. The mediator will discuss all of the issues involved in the case privately with both parties in order to understand their positions and resolve any disputes. The mediator will try to get you and the insurance company to agree to the terms of a settlement.
The mediator will be able to analyze both sides of the case, and they may strongly suggest that one party or the other settle because they will be aware of the weaknesses and strengths of both sides.
How Should You Prepare for the Mediation?
Any person going into a workers’ compensation mediation in California should be well prepared. Any injury victim working with a skilled workers’ comp attorney will have a thorough understanding of what to expect in these situations. An injury victim and their attorney will discuss all of the following in preparation for the mediation:
- The facts of the case
- The strength of the case
- The weaknesses of the case
- All of the disputes in the case
- The total amount of workers’ compensation benefits the victim could potentially be awarded
If the Mediation Does not Yield a Result
If the mediation is not successful, it may be necessary for the injury victim to request a hearing with a California Worker’s Comp Appeals Board (WCAB). At this point, the injured worker and their attorney can argue why they believe the decision not to award workers’ competition benefits was incorrect. In the event the injured worker disagrees with the WCAB’s decision, they will have a limited amount of time to file a Petition for Reconsideration to a higher WCAB located in their geographic region in California.
If the decision of the higher WCAB is still unsatisfactory, the injured worker can appeal the case to the state appellate court. The appellate court does not have the ability to award benefits, but they can send the case back to the WCAB for further consideration. In very rare circumstances, the appeals court can allow the case to be appealed to the California Supreme Court.
Why Choose Bentley & More for Your Workers’ Compensation Case?
Navigating a workers’ comp claim can be challenging, especially when disputes arise with the insurance company or employer. A dedicated workers’ compensation attorney plays a pivotal role in ensuring a successful outcome.
At Bentley & More LLP, our team offers experienced legal representation to help injured employees secure the benefits they deserve. From reviewing medical records to negotiating with the insurance adjuster, we handle the entire process on your behalf so you can focus on your recovery.
If you’re preparing for a workers’ comp settlement conference or have questions about your rights, call our law firm today at (949) 870-3800 for a free consultation. We’ll provide the guidance you need to achieve a fair settlement for your case.