What Role Does Mediation Play in Workers’ Compensation Cases?

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Robert Golan

Mediation has evolved as a very successful way of reaching a settlement in Workers’ Compensation cases. The main reason seems to be that the process for mediation fits well into the existing Workers’ Compensation system on Long Island. While mediation is gaining in popularity, it’s never in the best interest of an injured worker to attend settlement mediation without an experienced Workers’ Compensation lawyer to protect their rights.

What Does a Mediator Do in a Workers’ Compensation Case?

The mediator should be a neutral third party who doesn’t have any ties to either party in the session. During the session, each party will be allowed to present their case regarding the primary issues in the complaint.

The goal is for the mediator help keep all parties involved focused on the issues and to facilitate both sides to come to an agreement where neither side wins or loses, but both sides come away with something.

The mediator doesn’t have the power of a judge and cannot force a participant to take an action. Allowing both sides to come together and discuss the situation with a mediator most often results in both parties obtaining favorable results.

The Goal of Mediation for Injured Workers

The ultimate goal of mediation is to ensure the injured worker receives a financial settlement they deserve. Some things that are taken into consideration in deciding on the settlement are the injured worker’s age, physical impairments, ability to work, and the need for ongoing medical care. The injured worker should hire an experienced Workers’ Compensation lawyer on Long Island to advocate for their needs during the mediation.

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