Tampa Workers’ Compensation Mediation Helps Resolve Workers’ Compensation Claims
Every day, Tampa-area workers become injured on the job or develop an illness from exposure to toxic chemicals or other harmful substances in the workplace. Workers’ compensation laws in Florida have one undergirding principle: the worker who becomes ill or who is injured while “on the job” should not have to pay for his or her medical expenses and should not worry about rushing his or her recovery in order to return to work. Most Florida employers carry workers’ compensation insurance that provides qualified workers with a benefit to cover their medical expenses and a portion of their wages (in some cases) so these workers can focus on their recovery.
When Disputes Arise in a Tampa Workers’ Compensation Case
Not all workers’ compensation cases run smoothly and without conflict. During the course of the claim facts may emerge that cause the employer’s workers’ compensation insurer to believe that (1) the employee’s injury or illness was not “work related” because it did not occur “on the job”; (2) the employee has exaggerated the extent of his or her injuries and is thereby receiving compensation for injuries he or she did not sustain; or (3) the worker’s injuries were pre-existing and not a workplace injury or incident.
When a workers’ compensation insurer concludes a beneficiary is not entitled to workers’ compensation benefits, those benefits are cut off. To reinstate them through the judicial system, the worker must follow a procedure set forth by Florida statutes. Part of this process includes attempting to mediate the dispute through a mediator. A mediator helps parties find common ground and work out a solution to the disagreement while avoiding the traditional appeals process which can take months, if not years, to resolve.
Common Misconceptions About Tampa Mediation of Workers’ Compensation Cases
Individuals who have not been through a workers’ compensation mediation session invariably have misconceptions about the process. Mediation is not about forcing you to settle your claim or declaring that one side is right and the other wrong. Instead, through a mediator the parties attempt to find common ground and, from there, attempt to resolve their differences through an agreement that satisfies the needs of both parties. There is no requirement that the parties must reach a mediated agreement or agree to terms they do not find acceptable (although mediation must be conducted in “good faith”).
The Difference an Experienced ADR Team Makes
At Feldman Mediation & Arbitration Services, Mitchell Feldman understands that in order to get the maximum benefit from a mediation session you must have a skillful, resourceful, and professional mediator to assist in facilitating productive discussions and exchanges. We are able to provide this service to our mediation clients and, in so doing, help you obtain a just and mutually-satisfactory outcome in your dispute. Let us show you the difference a professional mediator can made in your workers’ compensation case: Contact Feldman Mediation & Arbitration Services today.