What to Expect at a Florida Workers’ Compensation Mediation Hearing
If you are injured on the job in Fort Lauderdale and your Florida workers’ compensation claim is in dispute, you may need to attend a mediation hearing. For many injured workers, this is their first time going through anything resembling a legal proceeding, and it can feel both stressful and intimidating.
However, mediation isn’t the same as going to a courtroom trial. Instead, it provides a chance to sit down with the insurance company and attempt a reasonable resolution, with the help of a neutral third party. Our experienced Fort Lauderdale workers’ compensation lawyer explains what to expect and how to prepare.
Why Mediation Happens in Fort Lauderdale Workers’ Compensation Cases
Benefits available through the Florida Division of Workers’ Compensation help offset financial losses when work-related injuries and illnesses occur. However, benefits are administered through insurers, who are quick to find reasons to dispute claims.
Under Section 440.25 of the Florida Statutes, mediation is a required step before most workers’ compensation disputes go before a judge. It helps resolve disagreements with insurers about benefits without having to go through a formal hearing. You might be scheduled for mediation in your Fort Lauderdale workers’ compensation claim if:
- Your benefits were denied or only partially approved.
- The insurer disputes your medical treatment or wage benefits.
- You’re seeking a settlement, and both sides want to negotiate terms.
- You’ve filed a petition for benefits, and the dispute remains unresolved.
Mediation usually happens within 130 days of filing your petition and is overseen by a certified state mediator. Sessions take place in a conference room or sometimes virtually, and are always kept confidential.
How to Prepare for a Florida Workers’ Compensation Mediation Hearing
While mediators in Fort Lauderdale workers’ compensation claims are neutral, the insurance company is not. They’ll likely have legal representatives on hand to try to pressure you into accepting a low settlement.
Having an experienced South Florida workers’ compensation lawyer on your side helps level the playing field. Here’s what you can expect during mediation and how to prepare:
- Know your legal rights regarding unpaid benefits, future medical coverage, or a lump sum settlement.
- Review your workers’ compensation claim history, medical records relating to your injuries, and any prior communications with the insurer.
- Bring documentation proving lost wages, medical bills, or job restrictions.
- Be prepared to clearly explain your injury and how it’s affecting your life.
Mediation doesn’t always end in a resolution. If insurers refuse to agree to a reasonable settlement, you may need to request a hearing before a workers’ compensation judge.
Get Our Experienced Fort Lauderdale Workers’ Compensation Lawyer On Your Side
Scheduled for mediation in a South Florida workers’ compensation claim? Get the Law Offices of David M. Benenfeld, P.A. on your side. Our Fort Lauderdale workers’ compensation lawyer has more than 30 years of experience helping injured workers and negotiating the best possible settlement with insurers.
To find out how we can help you, call or contact us online. Request a consultation today in our Fort Lauderdale, Sunrise, or West Palm Beach office.
Sources:
myfloridacfo.com/division/wc
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.25.html