What to Expect During a Workers' Compensation Mediation in Minnesota

If you are disputing a Worker’s Compensation claim here in Minnesota, you should know that it’s often possible to resolve things through mediation, which in Minnesota is voluntary. A Minneapolis workers compensation attorney can help you prepare for mediation, represent you to the Department of Labor and Industry (DLI) Alternative Dispute Resolution unit, and overall help you to reach the best possible settlement.

What to Expect During a Workers’ Compensation Mediation in Minnesota

How It Works: The Alternative Dispute Resolution Unit

Missouri’s Department of Labor and Industry has a special unit to provide assistance, oversee administrative conferences, conduct dispute certification, and offer a mediation. Your lawyer can work with this unit in order to represent you. For example, your employer, their medical providers, and others may want to obtain more information about your situation. The alternative dispute resolution unit functions as a go between and can contact your lawyer to get that information so that you are not directly bothered.

An administrative conference is where there are issues about medical or vocational rehabilitation services that haven’t been resolved. Many times as possible for these conferences, which are less formal than a court hearing, to resolve these disputes through mediation. If the two sides can’t come to an agreement, these official mediators can issue what’s known as a Decision and Order, though this can be appealed. If you’re able to reach an agreement, you and the other parties will sign a Mediation Resolution/Award, which is then served and filed.

How Mediation Typically Progresses

The exact details of your mediation meetings may vary, but these tend to follow similar patterns. This is not a situation where you have to testify under oath or bring for witnesses. Especially in the initial phase, this is just you (and/or your lawyer) and the insurance company discussing your claim in a situation facilitated by a trained and neutral third-party, which is the mediator. The things that you say here can’t be used in court, so it’s fine to be very frank in any of these discuss discussions. In fact, that’s the idea.

The hope is that you and your lawyer can come to an agreement with the insurance company early on in this process. You’ll typically be asked to summarize your claim and your legal arguments, which is why you need a lawyer to help you. The insurance company will do the same, and you can be sure that they have plenty of legal help and can put their arguments as impressively as possible. Once both sides have laid out their cases, the mediator will typically begin asking questions.

The Question Phase

The mediator may ask questions designed to point out the strengths and weaknesses of both sides. Sometimes, this enables one side to see that the other side is right about something. The mediator may also choose to separate you and the insurance adjuster and their representatives into different rooms in order to have a private discussion.

Making a Judgment

As stated above, the mediator can issue a decision and order if you and the insurance company are not able to come to an agreement. In other cases, the mediator may instead recommend that you move on to a formal hearing. If you don’t agree with the decision and order, you can appeal it; but so can the other side. Your lawyer can tell you whether it’s a good idea to appeal or not.

Do I Need a Minneapolis Workers Compensation Attorney?

You are free to represent yourself. However, to be successful in mediation, you need to be able to do a detailed analysis of all the legalities of your own claim. You have to be able to give a coherent legal argument for why you should be compensated in the way you are asking. In addition, you need to be able to properly calculate all unpaid benefits and understand what the law allows. Finally, you will be at an enormous disadvantage if you don’t have some serious negotiation skills.

These realities make it very difficult for the average injured worker to even fully prepare their claim, let alone press it successfully in mediation or settlement negotiations. And don’t forget: if you sign a settlement agreement, you are normally giving up all your rights in your case. It’s very difficult, though not impossible with the right lawyer, to set aside a settlement and reopen a claim. If you forgot to ask for something, it’s usually going to be too late, so working with a lawyer early on is the best way to ensure that doesn’t happen.

FAQ About Mediation

Is It Going to Work?

A very large percentage of workers comp cases are settled by mediation: between 80 and 92%. But it does matter how prepared you are. If you’re not very knowledgeable about the legalities of your case or the law and what you’re really owed, it’s easy to undervalue your own claim and put yourself at an unnecessary disadvantage during mediation.

How Do I Calculate Unpaid Benefits?

In order for mediation to progress, the mediator needs to know how much you believe the insurance company owes you. You also need to know this number so you can effectively negotiate with the insurance company. Workers compensation law is very complicated, and if you’ve never been injured before or tried to bring a claim, it’s unlikely you will have the time to familiarize yourself with all the laws and regulations well enough that you’ll be able to properly calculate this number. It’s in your best interest to get a lawyer to ensure nothing is missed.

How Do I Put My Best Foot Forward?

Be very careful to arrive on time to your mediation sessions, and know that this is not just about making a good impression. If you come too late, you may not be allowed to finish mediation at all. And remember that one of the reasons the insurance company is likely denying you reimbursement is because they are disputing whether your losses are really the result of an injury that you sustained at work. This means they are essentially questioning your credibility. If you show up late, you may give them ammunition for this and may communicate to the mediator that you don’t really take this very seriously.

It’s also vital to stay polite throughout these meetings. That can be hard, especially if the representative of the insurance company is

questioning your credibility or possibly even trying to push you to say something in anger and frustration. However, the more professional you can remain, the better for your case. This is where having a lawyer can be especially valuable. Your lawyer can be the one to speak on your behalf so that you aren’t tempted to get too heated, and your lawyer will meet with you before any sessions that you attend to help you understand what might be asked and how to make the best impression.

If you’re bringing a worker’s comp claim here in Minnesota, you will get the best results with a qualified Minneapolis workers compensation attorney by your side. Call us now at the Atkinson Gerber Law Office in Minneapolis and St. Paul and schedule a free consultation to talk through your case.