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After an employee is injured on the job, they can seek payment for their medical expenses by their employer. Some employers and their insurance carriers don't take full responsibility for the injury. The employee has the right to involve other parties in order to resolve the issue if the amount of benefits is disputed.
This page describes the mediation process for resolving disputes between employees and employers in a workers compensation claim. Having the workers comp lawyers of the Coye Law Firm on your side can help to speed up the recovery and benefits process.
Filing for Mediation
If an employee is being denied benefits, they can file a Petition for Benefits form which goes through the Office of the Judges of Compensation Claims. This form is basically a demand for the employer to provide benefits for their workplace injuries. It is sent to a government office, so the employer can face consequences for evading the law if they continue to deny a claim.
Filing the Petition for Benefits requires that mediation take place within 130 days. Within 40 days of filing, the judge's office will notify the parties that mediation has been scheduled. An attorney is an essential part of this process. A workers compensation lawyer can help to make sure that your rights are protected and plan for the future of your claim. This meeting can take place in person or through another means if all parties agree to it. The mediation is confidential and kept from becoming a matter of public record.
What is Mediation?
Mediation is a process of resolving a dispute by consulting a third party. It is used in workers' compensation claims to reach a compromise between an employee and employer regarding benefits for an on-the-job injury.
Mediation is beneficial because it:
saves time
saves money
is confidential
protects the interests of both parties
allows both employee and employer to consider new solutions before accepting them
An impartial third party looks at the issue and proposes a solution in the mediation process. If the dispute were to go to trial, the court's ruling would be a final decision that could disregard the best interests for both parties. The mediator proposes a solution and allows both parties to consider it before they accept the terms.
Mediators can be selected by the Division of Administrative Hearings. They are required to be a member of the Florida Bar for 5 years and complete an approved training course in mediation. A private mediation allows the parties to choose a mediator that will be paid for by the employer's insurance carrier. A public mediation is kept confidential as well, despite the somewhat confusing name.
