What Can You Expect in a Workers' Comp Settlement Mediation? | Georgia Workers Compensation Attorney

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So what can you expect at a workers compensation settlement mediation? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. Our question is, what can I expect at my settlement mediation for workers compensation station? Well, hopefully you're going through this with an attorney. If not, you want to consider one. That attorney is going to help you maximize what recovery you could have in a settlement mediation. But it goes really before that, it goes into who are you treating with? Where is your care at? Have you used your one-time IME? Are you getting paid properly? These are things that the attorneys check and try to position the claim in the best light for you as the injured worker. But as to the settlement mediation itself, the goal at a settlement mediation is to settle your claim.
If you have an attorney, they will go there with you, whether it's Zoom or in person. And then you will have the opposing attorney and you will have what is called a neutral mediator. There are different ways to do settlement mediations. There are private mediations where you have a private mediator, and then there is mediators provided by the Georgia State Board of Workers Compensation. Both of them are highly successful. And so that is not critical, whether it's private or whether it's through the board. The board encourages settlement as it helps reduce the case load and helps people move on their way and close claims. And so it's in everybody's best interest when you get to that point that the claim does settle.
And so what is it that happens? Well, there's a couple of different ways that we've seen the mediators handle these. And I'm going to refer to in person, and then I'll back up and we'll cover Zoom mediations, which is obviously something that has developed ever since COVID. And so back prior to COVID, everyone would meet at the mediation office. Let's say at the state Board of Workers Compensation, everybody would meet in a conference room and it would be opposing counsel may be a representative from the employer. They're certainly able to show. And then your attorney yourself and the neutral mediator. We'd all get in the same room. Mediator would start and say a little bit about the mediation process and the fact that it's confidential and the fact that you cannot use any of this information to subpoena or pull somebody into a deposition for a hearing down the road.
If the case does not settle on that particular day, it is like the mediation never occurred and you move on with your claim, same thing with the employer insurer. They move on with doing whatever it is that they're trying to do with the claim. So from that point on, your attorney will say some things on your behalf or you will if you don't have an attorney. And then the employer insurer attorney will say some things on the employer insurer's behalf and then the groups will separate. Typically, the mediator will go with the employer insurer, because typically, that's when they're seeking the initial offer from the employer insurer.
If you're represented by my office, we send a demand ahead of time. So we started off the process with a number. They come back with a number and we're usually up here. They're usually down here and we go back and forth, back and forth, not necessarily in the middle. But we go back and that's the negotiation of the mediation. At some point in that mediation, you will come to a number where the opposing attorney will say, this is my limit of authority. This is all I have. Authority is a fancy word for money that the insurance company has allowed this attorney to try to settle this case with.

Пікірлер: 13

  • @personalinjuryshow
    @personalinjuryshow Жыл бұрын

    Great information, thanks.

  • @brixxaries6667
    @brixxaries66674 ай бұрын

    Thank you for your thoughts

  • @TyWilsonLaw

    @TyWilsonLaw

    4 ай бұрын

    Thank you for your comment. I hope this video was helpful

  • @marvelprofessor6324
    @marvelprofessor6324 Жыл бұрын

    Can I settle the claim after I already accepted the new job position with restrictions and if I accept a light duty job position do they have to pay me the same amount per hour I was getting with the other job position? I had an attorney but she wasn't helpful. She didn't want to answer specific questions like this so I told her to withdraw. The settlement offer was only for $7,500 which means she would have received $2,000 and I would have gotten $5,500 after the 25% and expenses. Can I negotiate again and ask for more? Last time they said $,7,500 was the maximum amount. This is for 2 cervical strain injuries and it resulted in a mild bulge disc and my back gets aggravated from no pain to mild and if I use it more it can get to moderate with normal use. It was severe when they put me back in my old job position. It only took 4 days to go from mild to severe with swelling. My back isn't the same. Still that's the most they can offer. What the hell. I had a doctor but the fool requested for FCE test which means he can't treat it anymore. I cancelled the FCE test simply by switching doctors. The FCE isn't accurate because it doesn't really show how bad an injury is. It took four 12 hour shifts to go from mild to severe last time. If they are only offering me this job it would be better to accept another job position than the offer right?

  • @TyWilsonLaw

    @TyWilsonLaw

    Жыл бұрын

    @marvel_professor As long as both parties wish to settle you can settle. However, if the employer has decided they do not wish to settle, they may pull that offer or reduce it. Also, if you settle, there is a likelihood that they will ask for your resignation so that you do not continue to work there. Just know that is a high possibility. One last thing, your former attorney can also file a lien on the time they spent on your case so if you do settle, they may get paid from whatever amount you settle for. Good luck moving forward. Ty

  • @Mrs.Blessed888
    @Mrs.Blessed8885 ай бұрын

    ?

  • @kavellthagod7753
    @kavellthagod7753 Жыл бұрын

    You need to speak up

  • @TyWilsonLaw

    @TyWilsonLaw

    Жыл бұрын

    It may have been a day I did not have a mic. We will work on re-recording with a mic so you can hear.

  • @johnb1571
    @johnb1571 Жыл бұрын

    talking to soft

  • @TyWilsonLaw

    @TyWilsonLaw

    Жыл бұрын

    Thank you for your feedback we will get this mic’d up and redone.

  • @TyWilsonLaw

    @TyWilsonLaw

    Жыл бұрын

    Do you have questions? Was there something in particular I can address or attempt to answer?

  • @johnb1571

    @johnb1571

    Жыл бұрын

    @@TyWilsonLaw i dont think so, i am going through a DBA claim now (4.5 yrs and counting) and my lawyers are talking about mediation now. so was looking at different videos to see if i am missing anything. Thanks

  • @TyWilsonLaw

    @TyWilsonLaw

    Жыл бұрын

    Settlement mediation is a great way to get a better understanding of what is good and not so good about your matter. The neutral mediator will give you an unbiased opinion if you ask. Or at least give you perspective about what a Judge would be focused on. Good luck. Remember the goal is to find out what will the other resolve the dispute for so it is a process. You will get plenty of time with your attorney and it is good to make sure you are clear about what your sides goals are. Ty