Board Mediation vs. Private Mediation in Decatur Workers’ Compensation Cases: What’s the Difference and How Can a Lawyer Help?
When a person is injured on the job, they may have a number of pressing questions about how they can survive financially while they are unable to work. The good news is that most workers in Decatur, Georgia are entitled to workers’ compensation benefits to help them with necessary life expenses while they recover from their workplace injuries. However, getting these important benefits is not always easy, and may require an injured worker to take further steps to get workers’ compensation benefits due to them. While many injured workers in Decatur may appeal a denial of their workers’ compensation claim, they may not know that there are alternatives to a hearing in front of an administrative law judge. Indeed, many injured workers in Decatur do not realize that they have another option: mediation. Mediation can give you a faster, less stressful way to resolve your case, and it allows you to keep more control over the outcome. In Decatur, there are two types of mediation in workers’ compensation cases: mediation through the State Board of Workers’ Compensation and private mediation. But what is the difference? Here we explain just that, and how an experienced Decatur workers’ compensation lawyer can help you.
What is Mediation?
At the outset, mediation is a meeting where you, your employer’s workers’ compensation insurance company, and a mediator (a neutral third party) sit down (either in person or by video) to talk through the issues in your claim. The mediator helps facilitate negotiations in an effort to help the parties reach an agreement in the case. The mediator does not take sides and does not make a decision for you, and you only settle if you choose to. Everything discussed in mediation is confidential and cannot be used against you later.
What is Board Mediation?
Board mediation is one option for injured Decatur workers. Board mediation happens through the State Board of Workers’ Compensation’s Alternative Dispute Resolution Division. To request board mediation, a party files the proper form with the Board. Most mediations at the Board are for settlement of the entire workers’ compensation claim. The mediator is usually a Board attorney or administrative law judge who handles workers’ compensation cases every day. This means the mediator already understands the laws, medical issues, and common disputes that come up in workplace injury cases.
Board mediation follows a standard process, and it may cost less or be free.
What is Private Mediation?
Private mediation, on the other hand, happens outside the Board’s system. Instead of using a Board mediator, the injured worker and the insurance company choose and hire their own mediator. The parties usually share the cost or decide who will pay. Private mediation can be scheduled at times and locations that work best for everyone and may offer more flexibility. You may also be able to choose a mediator with a specific background or style that fits your case. However, because private mediation is not run through the Board, it may cost more, and the process depends on the mediator and the agreement between the parties. It is less standardized than board mediation.
How Can a Lawyer Help?
Although mediation may be more informal than a full-blown workers’ compensation administrative hearing, it is still a good idea to seek representation from an experienced Decatur workers’ compensation lawyer. An experienced Decatur workers’ compensation lawyer can guide you through either option and help you understand which type of mediation is best for your situation. An experienced Decatur workers’ compensation lawyer can explain what to expect, gather the right documents, prepare you for the discussion, and speak on your behalf during the mediation. An experienced Decatur workers’ compensation lawyer can also help you evaluate any settlement offer so you do not accidentally give up important rights or future benefits. If mediation does not ultimately resolve your case, your Decatur workers’ compensation lawyer can take the next steps toward a hearing.
If you are in the Decatur area and you need legal help with your Decatur workers’ compensation case, do not hesitate to speak to the experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm. Contact the O’Connell Law Firm today and speak with a lawyer about your case now.
