Mediation in Maryland Workers Compensation often happens when an injured worker files a claim and the workers’ compensation insurance carrier denies the claim. Not all work injuries lead to an insurance company accepting the claim and paying benefits. When you are injured at work and your work injury is denied, you have to file a claim with the Maryland Workers; Compensation commission to litigate the dispute.
In most instances your claim will not immediately proceed to a hearing before the Commission. The Commission may require the parties to mediate.
What is mediation?
Mediation is an informal process that focuses on narrowing issues engaging in settlement discussion and attempting to resolve the claim prior to decision. The process is informal, compared to a hearing. Essentially, it is a discussion between the parties to attempt to reach an amicable resolution of the claim. By reaching an amicable resolution, the parties avoid the risk of going in front of the Commission for a decision.
Who attends a mediation?
At the mediation, a licensed mediator is assigned to oversee the mediation process. The mediator will facilitate discussion, discuss the issues, and guide the parties to a potential settlement. The injured worker, the injured worker’s attorney, the insurance carrier’s attorney will be present at the mediation. Additionally, there may also be an insurance adjuster or employer representative present.
Do I have to settle my claim at mediation?
No. Mediation is not binding on either party. You are not required to settle your claim. Likewise, the insurance carrier is also not required to settle the claim. Either party can decide to move forward to a hearing before the Commission for a final resolution of the claim. Mediation provides a process to either settle the claim or narrow the issues before the Commission.
One thing is clear. Before attending mediation or settling your Maryland workers’ compensation claim, you should have experienced and proven legal counsel on your side. Mooney Law will fight to win and protect your benefits and get you the best settlement value for your case. Call Mooney Law today for an absolutely FREE phone consultation regarding your Maryland workers’ compensation case. Call us at 833-MOONEYLAW today. Visit us on the web at Mooney4Law.com.