If you’ve suffered a work-related injury in Missouri, navigating the workers’ compensation system can be a complex and challenging journey.
Mediation is a valuable tool that can help injured workers and insurance companies reach a mutually agreeable resolution, avoiding the need for a lengthy and adversarial court battle.
Let’s explore how mediation can play a pivotal role in resolving a workers’ compensation injury claim in Missouri.
What Is Mediation in Workers’ Compensation?
Mediation is a voluntary process where a Missouri Administrative Law Judge facilitates discussions and negotiations between the injured worker and the workers’ compensation insurance company. The goal is to find a compromise that resolves the claim amicably, without the need for a formal hearing or trial.
You do not need an attorney and can represent yourself at a mediation, however the reality is you are at a huge disadvantage to do so. Our office works on a contingency fee, which means there is no upfront cost to hire us.
The Benefits of Mediation
Efficiency – Mediation can expedite the resolution of a Missouri workers’ compensation injury claim, saving both time and money for all parties involved. Lengthy court battles can be costly and time-consuming.
Control – Mediation allows the parties to maintain control over the outcome of their case. The injured worker and the insurer can collaboratively determine the terms of the settlement.
Flexibility – Mediation offers more flexibility in crafting settlement terms. Parties can consider various options, such as lump-sum settlements, structured payments, or agreements to cover specific medical treatments or rehabilitation services.
The Mediation Process
Request for Mediation – One of the parties that is involved in the Missouri workers’ compensation injury claim can request to the Missouri Division of Workers Compensation that a mediation be set.
If the other party agrees, then a judge will be assigned (not the same judge you’d have if you end up trying the case) and a date and manner of appearance is set. In the post-Covid world, most mediations are now phone mediations, but there are still some in person mediations.
Preparation – Prior to mediation, each side gathers relevant documents, such as medical records, wage information, and evidence of the injury’s impact on the worker’s life.
Mediation Session – During the mediation session, both parties present their arguments and discuss potential solutions. The Administrative Law Judge guides the discussion to help the parties find common ground.
Negotiation – The mediator may facilitate offers and counteroffers until a mutually acceptable resolution is reached. This can include compensation for medical expenses, lost wages, vocational rehabilitation, and more.
Settlement Agreement – Once an agreement is reached, it is documented in a legally binding settlement agreement. Both parties sign the agreement, which finalizes the resolution.
When Is Mediation a Good Option?
Mediation is a suitable option in many workers’ compensation cases, especially when:
- There is disagreement over the extent of the injury or the need for specific medical treatments.
- Both parties want a quicker and less adversarial resolution.
Mediation can be a highly effective means of resolving workers’ compensation injury claims in Missouri. It offers efficiency, control, and flexibility while minimizing the stress and costs associated with litigation.
If you’re navigating a Missouri workers’ compensation claim, consider discussing the possibility of mediation with an experienced Missouri workers’ compensation lawyer to explore whether it’s a suitable path toward a fair and timely resolution.
Don’t try taking on the insurance companies alone. Call The Krebs Law Firm for a free consultation. You need an experienced workers compensation attorney at your side to make sure you get what you deserve for your workplace injury. Call The Krebs Law Firm Springfield office at (417) 883-5886, our Columbia office at (573) 886-8976 or toll free at (800) 345-0535.
There is no upfront cost to hiring a Missouri Workers Compensation attorney for your claim. If have a potential Missouri work comp case and want to make sure you maximize your Missouri Workers Compensation benefits for your workplace injury, then you should speak to an experienced Missouri Workers Compensation attorney sooner rather than later.
Utilize our years of expertise to get the compensation you deserve and let us help each step of the way.