Kentucky established an official mediation program for workers’ compensation claims in 2020. This followed two years of informal claim mediation that the Kentucky Labor Cabinet’s Department of Workers’ Claims says received a positive response.
If you have suffered a workplace injury in Kentucky and your employer has objections to your workers’ comp claim, mediation may be the most efficient route to a settlement.
Below, we discuss what workers’ comp mediation entails. If you have further questions or need help with a workers’ comp claim in Kentucky, an experienced workers’ comp lawyer from Morgan, Collins, Yeast & Salyer can help you.
What Is Workers’ Compensation Mediation?
Mediation is a structured negotiation in which a neutral mediator facilitates the discussion between the opposing sides and seeks to find areas of compromise. The mediator seeks to guide the discussion in an effort to resolve disputes regarding whether a worker is entitled to compensation for a workplace injury or illness.
The mediator in Kentucky workers’ comp cases is an administrative law judge (ALJ). A judge listens to the opposing sides and explores ways to break the impasse and resolve the benefits dispute. The goal of mediation is to expedite the settlement process and avoid having to hold a formal hearing.
What Is Involved in The Mediation Process?
After an employee has filed a claim with the Department of Workers’ Claims, any party to the claim may file a motion to have the claim referred to mediation.
- Both parties to a workers’ comp claim may request mediation, or the judge overseeing the case may refer it for mediation.
- A party opposing mediation has seven calendar days to file a response to the motion seeking mediation. The judge must grant or deny the motion within 10 calendar days of the request for mediation.
- All parties to the dispute and their attorneys must attend mediation if directed by the judge. However, an insurance company representative with the authority to settle the claim may attend instead of the employer involved.
- The mediator is to conduct the mediation in a fair and unbiased manner.
- Participants are to discuss the issues in the original motion for mediation in good faith. All discussions are confidential and considered settlement negotiations.
If mediation leads to a settlement, the judge files a “Notice of Settlement at Mediation,” which states the agreement. Otherwise, the judge may file a “Notice of No Settlement at Mediation” or a “Notice of Partial Settlement at Mediation,” which sets forth the resolved and unresolved issues.
Do You Need a Lawyer For Workers’ Comp Mediation?
An injured worker is not required to have legal representation in mediation. However, decisions made in mediation will be based on workers’ compensation law. In addition to understanding the legal and medical aspects of your claim, a knowledgeable lawyer can calculate the full benefits you are due and negotiate on your behalf during mediation.
You’ll be across the table from an insurance company representative who makes their living by limiting what their employer pays to settle workers’ comp claims. An experienced lawyer who represents you can make sure that any settlement you agree to is fair to you.
Contact Our Workers’ Comp Lawyers For Step-By-Step Guidance
A significant percentage of workers’ compensation cases that go to mediation are resolved. A lawyer can guide you through the mediation process and help you understand what is reasonable to expect based on Kentucky workers’ compensation law.
At Morgan, Collins, Yeast & Salyer, our workers’ compensation lawyers will work to help you pursue the benefits you need to sustain yourself and your family while you recover from work-related injuries. Our attorneys have the Kentucky Courage to stand up and fight for you to receive fair treatment from the insurance company disputing your claim. We’ll focus on your workers’ comp claim so you can focus on your health and getting better.
Contact us now to schedule your free consultation about how we can help you.
