Raleigh Workers’ Compensation Lawyer Explains Settling North Carolina Workers’ Comp Claims:
Mediation is a mandatory (in North Carolina) alternative dispute resolution process that tries to get all of the relevant parties and decision-makers together (sometimes in-person and sometimes virtually) to attempt resolve or “settle” a dispute. Unless the parties reach a consensus and agreement, nothing that occurs at mediation is binding, and there is no judge or arbiter to “decide” your case. Our Raleigh workers’ compensation lawyers explain what to expect at mediation.
Is Mediation Required for a North Carolina Workers’ Compensation Claim?
Before the Industrial Commission hears any workers’ compensation claim, it requires that the employee and employer meet in person with a neutral lawyer who is not associated with either side to discuss settling the claim. This process is called a “mediation” and the neutral lawyer is called a “mediator.”
What Happens During a Workers’ Compensation Mediation?
Typically at mediation both sides meet together at the start and share opening statements about the history of your workplace injury and your best arguments regarding the value of your claim. Once opening statements are done, however, the mediator will separate the parties into separate rooms and meet with each side. The two sides then negotiate the value of a settlement with the mediator carrying settlement offers between the two rooms.
What Does the Mediator Do?
Mediators do not have authority to rule on your case and they cannot order you to do anything. They are only there to listen to the parties, help the parties avoid any further litigation and conflict, and see if there is common ground.
What If We Don’t Settle My Workers’ Comp Claims at Mediation?
If the parties cannot agree to a settlement at mediation, the mediator declares an “impasse”, ends the mediation, and reports to the Industrial Commission. The claim is then ready to be heard by the Industrial Commission.
While our lawyers are always prepared to exhaust all available options for our clients, we recognize that it is in our clients’ best interests to resolve their claims earlier in the process. We regularly counsel clients through the mediation process, helping them to settle their claims at the most favorable terms possible.
Learn more about workers’ compensation in North Carolina.
Schedule a Free Consultation With Our Raleigh Workers’ Compensation Lawyers Near You
If you were injured at work or in a workplace accident, contact our experienced workers’ compensation lawyers in Raleigh, North Carolina for a free consultation. We help workers all across North Carolina. We can help you and your family recover compensation for medical bills, lost wages, and future disability. Our attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your injuries.