If you’ve been injured on the job in Central Florida, having familiarity with the process of workers compensation mediation in Florida is pivotal, as it allows you to advocate for your rights better and it significantly increases your chances of securing the benefits owed to you. At Frank Eidson, P.A., we’re committed to guiding you through every step of your workers’ compensation claim, including the mediation phase which occurs after you file a petition for workers compensation benefits and after the workers compensation carrier responds to said petition. To help you navigate this process, we’ll provide a comprehensive overview of what to expect during mediation, including what it is, how to prep, and potential outcomes.

What Is Workers Compensation Mediation in Florida?

Workers’ compensation mediation is a mandatory step in the Florida workers’ compensation claims process, designed to facilitate open communication, explore settlement possibilities, and resolve disputes between injured workers and insurance companies without going to trial. This is an informal procedure that benefits the worker as it expedites settlements, is more cost-effective, and gives you the opportunity for a more favorable outcome.

How Does Workers’ Compensation Mediation Process Work?

When Does Mediation Occur?

Mediation typically occurs after an employee files a Petition for Workers’ Compensation Benefits with the Office of Judges of Compensation Claims (OJCC) and after the workers’ compensation carrier responds to that petition. The OJCC will order mediation within 40 days of filing the petition, and it must take place within 130 days.

Who Initiates and Participates?

The Office of Judges of Workers’ Compensation (OJCC) typically initiates mediation. Participants usually include:

  • You (the injured worker)
  • Your workers’ compensation attorney
  • Your employer
  • A representative from the workers’ comp insurance company
  • An attorney representing your employer or the insurer
  • A neutral mediator

Practical & Emotional Prep Tips For Workers Compensation Mediation in Florida

To make the best impression and strengthen your case, you’ll want to gather specific documents and evidence, including:

  1. Any medical records that document your injuries and treatment history.
  2. Incident reports that were filed regarding your workplace accident.
  3. Testimonies from colleagues or others who witnessed the incident.
  4. Your employment records that document your job duties and relevant workplace policies.
  5. Emails or letters exchanged with your employer and insurance company regarding your claim.

It’s also important to remember that mediation can be stressful, so you’ll want to prepare emotionally:

  1. Use deep breathing exercises to help calm your nerves prior to mediation.
  2. Visualize your success by picturing a positive outcome to boost your confidence.
  3. Discuss any concerns or questions with your workers compensation attorney to stay informed.
  4. Have a trusted friend accompany you, so you can lean on them for emotional support before and after your appointment.

It’s in your best interest to work closely with your state or privately hired workers compensation attorney to organize and present your case effectively. Remember to dress professionally, and maintain a polite and cooperative attitude throughout mediation.

What Happens During & After Mediation in Workers’ Compensation Cases?

During Mediation

At the beginning of mediation, all parties convene in a single room to present their arguments and evidence. After initial discussions, all parties are separated into different rooms to avoid direct confrontation, and the mediator will move between rooms, guiding the discussions, identifying common ground, suggesting compromises, and advising on settlement offers given.

After Mediation

If an agreement is reached, the mediator drafts a Memorandum of Understanding that outlines the terms agreed upon by both parties. This memorandum is then submitted to the judge overseeing the case to confirm that the matter has been resolved.

Potential Outcomes If Mediation Fails

If mediation fails to reach an agreement, the case will proceed as follows:

  1. Pre-Trial Hearing. The judge will schedule a pre-trial hearing where both parties can present their cases formally.
  2. Further Negotiations. There may still be opportunities for negotiation before going to trial.
  3. Trial. If no agreement can be reached, the case will proceed to trial where a judge will make a binding decision.

Costs of Workers Compensation Mediation in Florida

In Florida, state-appointed mediators are provided at no cost to you; however, if an independent mediator is hired, both parties may need to share these expenses based on an agreed-upon rate.

Why Choose Frank Eidson, P.A. for Your Workers’ Comp Case?

At Frank Eidson, P.A., we’ve been serving Central Florida since 1989, providing expert legal representation in workers’ compensation cases. We can help you prepare, negotiate on your behalf, and provide legal advice while ensuring your rights remain protected. It’s with our deep understanding of Florida’s workers’ comp laws and client-focused approach, that allows us to win results like these – demonstrating our commitment to strong advocacy for injured workers like you.

Don’t Wait to Take Control of Your Workers’ Compensation Journey

Don’t navigate the complex world of workers’ compensation alone. If you’re facing mediation or have questions about your workers’ comp claim, contact Frank Eidson, P.A., today. We offer a free case review; all you need to do is give us a call at 407-245-2887 – your path to justice starts here.