If your Worker’s Compensation claim has been denied and you want to appeal the denied claim, under Regulation 67-1802 through 67-1809, you may be required to attend mediation before you can schedule a hearing for your denied claim. Under South Carolina law, some types of claims may be required to undergo mediation. In some cases, denied Worker’s Compensation claims can be resolved effectively through mediation. The Hayes Law Firm Upstate Attorneys, LLC are Worker’s Compensation lawyers in Greenville, South Carolina who can assist you if your case must go through mediation.
When Might Mediation for Worker’s Compensation Cases Be Required in South Carolina?
Has your Worker’s Compensation claim been sent to mediation in Greenville, South Carolina? If so, you may want to reach out to the Hayes Law Firm Upstate Attorneys, LLC who can assist you with your case. There are certain situations where mediation may be ordered for a Worker’s Compensation claim in South Carolina. What are these situations? They include:
- If you are claiming total and permanent disability, your claim might be sent to mediation
- If you are making a claim after developing an occupational disease, your claim might be sent to mediation
- If you are making a third-party lien reduction claim, your claim might also be sent to mediation
- Contested death claims might require mediation
- Mental injury claims might also be sent to mediation
These are just some of the cases where mediation might be required under the law. However, sometimes the Commissioner may require that a specific case go through mediation and in other instances both parties may agree to attend mediation to resolve their differences. Mediation can be an excellent way to resolve settlement disputes, because a mediator is a neutral third party who may be able to help you resolve your case, and unlike hearings, mediation occurs in private and anything said or discussed during the process is confidential. If mediation has been ordered in your Worker’s Compensation claim, you might be feeling overwhelmed and may wonder what your next steps should be. The Hayes Law Firm Upstate Attorneys, LLC are Worker’s Compensation lawyers in Greenville, South Carolina who can review your situation, help you understand the steps of the process, and prepare for your mediation.
What Happens During Worker’s Compensation Mediation Meetings in South Carolina?
During a mediation, generally, the person injured on the job, and his or her Worker’s Compensation lawyer will attend the hearing. The person representing the employer, as well as a Worker’s Compensation insurance adjuster and a mediator will also generally attend the hearing. The mediator’s job is to serve as a neutral third party helping all parties present to negotiate a settlement. During a mediation, your Worker’s Compensation lawyer will present evidence surrounding your injury, medical bills, and evidence of any other losses you have sustained. Generally, your Worker’s Compensation lawyer will have an estimate in mind of the value of your claim. The Worker’s Compensation insurance adjuster will also generally present evidence for the settlement amount offered and explain his or her rationale for the settlement amount. During the mediation, your Worker’s Compensation attorney and the insurance adjuster, guided by the mediator, will try to work together to find a settlement amount that is fair for both parties. Any issues that resulted in your denied claim might be brought up, or issues pertaining to you receiving a lower settlement amount than you might deserve may also be addressed during the mediation. In many instances, after discussions, the mediator is able to help all parties reach an agreement. However, if your case cannot be resolved through mediation, then a hearing might be scheduled. The Hayes Law Firm Upstate Attorneys, LLC are Greenville, South Carolina Worker’s Compensation lawyers who can review your case, prepare you for the mediation process, and gather the strongest possible evidence to support your case. When it comes to mediation, it helps to have someone on your side.
Contact the Hayes Law Firm Upstate Attorneys, LLC, for Worker’s Compensation Issues
If you are making a complex Worker’s Compensation claim, or if your Worker’s Compensation claim has been sent to mediation in South Carolina, you may not legally be required to have a lawyer represent you. However, it can often be helpful to have a lawyer on your side as you navigate the Worker’s Compensation claims process. The Hayes Law Firm Upstate Attorneys, LLC are Worker’s Compensation lawyers in Greenville, South Carolina who work with individuals who have been hurt on the job. Whether you need a lawyer to review your settlement because you aren’t sure the settlement is fair, need an attorney to assist you with mediation, or need representation during a Worker’s Compensation hearing, the Hayes Law Firm Upstate Attorneys, LLC may be able to help you.
