If you want to succeed in settling your workers’ comp claim, you should think like a mediator. There are some things to keep in mind to increase your chances of success at mediation. Lawyers and claims professionals may settle a claim in the best possible way if they follow the correct steps.
You should contact a specialized workers’ compensation attorney to help you understand what is meant by saying the best claim is a settled claim and be prepared appropriately for the process.
Write A Brief
If you do not adequately prepare for mediation, you may face issues along the settling process. It is critical to prepare for your mediation to write a brief with your workers’ compensation attorney’s assistance. Writing down this brief, you will be forced to focus and get ready for the negotiation process. However, if you do it wrong, unfortunately, you will stumble along the way.
A common mistake people make in a workers’ comp claim is providing too much irrelevant data than the necessary information to assess the claim. Your workers’ compensation lawyer may instruct you what information you shall include in your workers’ comp claim. You should write it as simply as possible and try to use headings and sub-headings to separate the categories.
Prepare your brief at least a week earlier from the mediation so that everyone has time to prepare, including the mediator. If you show up with your brief at the mediation, you will waste the participants’ time and money while the mediator reads it. Then, new questions may come up, which may lead to the need for a second meeting so that everyone has time to find their answers.
All parties should get a copy of the brief at the same time, ensuring that everybody is on the same page and that the timeliness of the preparation is monitored.
State The Facts
Your brief for your workers’ comp claim must be short. So, just name the facts. Simply write down facts like the place and date of the injury and which body parts were affected.
Specify whether indemnity is open and whether there is disagreement on any issue between the parties.
A description and medical reports for the last couple of years would be beneficial. Also, copies of payment receipts for the medical expenses of the specific period may be presented.
Status of Medicare
If you have a current MSA, you may attach it to your brief. Whatever the Medicare status is, you should state it in your brief.
Any Other Issues
In order for a mediation to be successful, the parties in the workers’ comp claim should be prepared. When they are ready, there are fewer chances to encounter any surprises. If there are any other issues, they should be resolved.
You should indicate whether the brief is confidential or if it can be shared with the other party. Moreover, you may decide to write two briefs, one to be shared with the other parties and one to remain confidential.
Contact An Ohio Workers’ Comp Lawyer
When dealing with a workers’ comp claim and trying to reach the settlement, you have to be creative. A workers’ compensation attorney can help you understand and think about a structured settlement, for example. A structured settlement may increase the injured worker’s amount while the costs to the company remain the same.
Furthermore, a resignation may add value to the settlement for the company. The Medicare perspective must also be taken into consideration, what conditional payments are outstanding, and if the company will consider an indemnity-only settlement. The goal is to get your workers’ compensation claim settled in a way that benefits all parties involved.
A workers’ compensation attorney can help you create your brief before your mediation meeting and gather all the documents and information needed to be attached. Call us at Workers’ Compensation Lawyers law firm to arrange for your free consultation. Our team of experienced workers’ comp lawyers can ensure that your rights will be protected and reach the outcome you expect; reach a fair settlement and get compensated for all your damages.