What to Expect from the Virginia Beach Workers’ Comp Mediation Process?

Virginia Beach Workers’ Comp

If you have suffered an injury on the job and want to file for a workers’ compensation claim, you may want to attend an in-person mediation conference to settle your case before you appear in hearings. Mediation can effectively settle workers’ comp cases in Virginia Beach. Before it takes place, both parties should agree to mediate. Mediation is often attended by you, your workers comp attorney Virginia Beach, a representative from your employer’s insurer, and their lawyer.

Typically, parties can have the mediation at the Virginia Workers’ Compensation Commission without cost. But they can also consider private mediation at a lawyer’s office at a cost.

Who Will Mediate?

The individual who will serve as your mediator during the conference has significant experience in workers’ comp law. They are usually a lawyer who has years of experience, a workers’ comp judge, or another official with the workers’ comp board in Virginia. The mediator is an unbiased, neutral party who works with both parties to help them come up with a mutually acceptable settlement.

What to Expect from the Mediation Process?

During the mediation, the basics of your case will be reviewed. The lawyer of your employer will present a summary of the case, detailing the extent of your injuries, medical treatment, whether you have a permanent impairment and its rating, as well as whether you can work again given your current health condition. The duration of your mediation depends on how complex your case is. However, regardless of how long the process will take, your workers’ comp attorney will fight for you, so you can get the compensation you need.

Throughout the mediation, the mediator will share each party’s demands and offers. In addition, they may share insight with you regarding the case, including weaknesses and strengths. Because the mediator is neutral, they will also do the same with the other party.

Discussion in workers’ comp mediation is not binding. During this process, no party can use whatever you say against you. Your lawyer will guide you to better understand whether the compensation offer is fair for your injuries.

If you have a successful mediation and reached a settlement with the other party, the mediator will inform the workers’ comp judge assigned to handle your case. A hearing notice will then be issued to finalize your case. But if fail to come to a settlement agreement during mediation, your case may move to trial. Your lawyer will fight for you to get a winning verdict.