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Mediation in Workers’ Compensation Cases

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Posted By DAM Firm | May 6 2024 | Workers' Compensation

When an employee sustains an on-the-job injury or illness and makes a workers’ compensation claim for benefits, there may need to be a mediation process in order to smooth over any disagreements or differences between the injured worker and the insurance carrier or their employer. Here, we want to discuss workers’ compensation mediation in Nevada and review whether or not this may be beneficial for your particular situation.

Mediation in Workers' Comp Cases

What is Mediation for a Work Injury Claim?

Mediation in the context of workers’ compensation is an assisted negotiation process aimed at resolving disputes between injured workers and other parties, such as employers or insurance providers. 

In Nevada, mediation is typically voluntary but can be a powerful tool to avoid lengthy and expensive litigation. During mediation, a neutral third party, known as the mediator, helps both sides discuss their concerns and needs openly and looks to guide them toward a mutually acceptable resolution. The mediator does not make decisions but helps facilitate dialogue and settlement.

When Does the Mediation Occur?

In workers’ compensation cases, mediation can occur at any stage of the dispute process but is most beneficial when conducted early in the claim process. This timing helps all parties avoid the escalation of conflict and the build-up of legal fees. Early mediation can be particularly effective after the initial medical treatments are completed, and the costs associated with the injury become clearer, but it is also effective before the parties become entrenched in their positions.

Are Workers’ Comp Mediations Usually Successful?

Workers’ comp mediation sessions provide a forum for all parties to express their views and reach a compromise in a less formal, more controlled setting than a courtroom. Success rates vary, but the flexibility and confidentiality of the mediation process encourage more open communication and can lead to innovative solutions tailored to the specific needs of both the employer and the employee. 

Because the resolution is reached by agreement rather than by a judge’s order, compliance with the mediated agreement is usually high.

The benefits of mediation in workers’ compensation cases include:

  • Lower costs compared to going to court
  • Quicker resolutions
  • The preservation of professional relationships between employers and employees

Do You Need an Attorney for This Process?

We suggest contacting a work injury lawyer in Las Vegas if you sustain a workplace injury but are struggling to recover compensation for your losses. Even though the mediation process may seem fair, the reality is that you need an advocate by your side to examine the facts of your particular injury claim. 

Will Your Lawyer Be With You?

Yes, if you secure legal assistance, you can have your attorney with you during the mediation process. In fact, your lawyer will work to fully prepare you for the mediation process before you arrive.

What if the Mediation Isn’t Successful?

Even if a workers’ compensation mediation is not successful, that does not mean injury victims will receive no compensation. This just means the case must go through the official appeals process and possibly be heard in front of a workers’ compensation judge. Remember, mediations are not binding, and they are not mandatory. These are just attempts to secure a favorable outcome before a more lengthy process becomes necessary.

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