Workers' Compensation claims often settle through either negotiations of the parties or through a process known as Mediation.Workers' Compensation MediationsMediation is a formal settlement meeting. It is usually done in an office. I will be in one conference room with you, and the defense lawyer and his or her client will be in another conference room. A third party known as a Mediator goes back-and-forth between the two conference rooms and communicates offers from one party to another.
Mediators are provided by the State of Alabama specifically to mediate claims made by injured workers under the Alabama Workers' Compensation Act. The service is free, and they gave them a funny name: "Ombudsman." They are knowledgeable about the Alabama Workers' Compensation Act, and can help to evaluate the strengths and weaknesses of both parties involved in the mediation. We tell the Ombudsman why we think our case is strong and the defense's case is weak, then the defense tells the Ombudsman why their case is strong and ours is weak. The Ombudsman goes back-and-forth between the two parties and tries to help us reach an agreement through this method.
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Mediation is voluntary, even if participation is mandatory. You are not required to reach a settlement. You cannot force a defendant to pay anymore money than they are willing to pay at mediation. That is what trial is for. Mediation is an attempt to reach a voluntary agreement. Each party has a degree of control: The defendant controls how much money they are willing to offer; the plaintiff controls the "Yes" or "No."Court ApprovalAll Workers' Compensation claims in Alabama have to be approved either by the Court that has jurisdiction over your workers' compensation claim at what is known as a Best Interest Hearing, or an Ombudsman at what is known as a Benefit Review Conference. In both situations, the procedure is designed to make sure that you are getting a fair and reasonable settlement, and that settling your claim is in your best interest.
All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.
During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:
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