Workers Comp: Lawyers, Clients, and Mediation

Have you been denied your workers’ compensation benefits? Are you injured, out of work, and angry? Do you want to make your employer pay for stealing your dues? Then, you need to consult a professional lawyer ASAP. However, instead of going in blind, it is recommended that you educate yourself on the specifics of your situation.

Don’t worry, you don’t need to read some hefty book – just follow this guide, and all of your queries will be satisfied.

Workers’ Compensation

Workers’ compensation is a federally mandated act designed to protect the fiscal interests of injured workers, their employers, and the Common Wealth of the People. Although incredibly complex, workers’ compensation can be adequately understood through the following features:

·         While mandated by the federal government, the national act only covers federal workers, dock workers, and coal miners.

·         Each state has its own Workers’ Compensation Act which applies to workers not covered under the federal program.

·         In states like PA, workers’ comp mediation is often the mode preferred by the legal system to settle disputes.

·         Workers’ Compensation Act awards injured workers lost wages and medicinal costs. However, if the injury results in death, then benefits are awarded to relatives – funeral coverage.

·         Workers’ compensation is only applicable to employed workers and not private contractors.

·         By accepting workers’ compensation benefits, an employee forfeits their right to sue the employer for negligence.

Objectives of Each Party

All workers’ compensation disputes are created and fought by two sides, the employees and the employer. However, there are three parties concerned with all workers’ compensation disputes i.e. the employee, employer, and state. The objectives of each party are:

·         The employee’s objective is to get their lost wages and medical costs as soon as possible without any hiccups.

·         The employer’s objective is to reduce the employee’s workers’ compensation benefits, preferably zero.

·         The state’s objective is to protect the commonwealth from the expensive costs of running a trial. As such, in PA, workers’ compensation mediation is usually mandatory to go to trial.

How Do Lawyers Advocate

Coming to the legal side of workers' compensation, you’ll find that cases hardly proceed to trial, especially in PA workers’ comp mediation are the preferred mode of settling disputes. While the goal may be common, each party’s lawyers use strategies specific to their situation.

Corporate Lawyers

Although diverse, all stratagems used by the employer’s team have a common theme i.e. browbeat the other side with as many accusations as possible.

·         Prove that you’re not an employed worker.

·         Show the injury did not happen in the capacity of your employment.

·         Undermine the medical report to reflect lower compensation.

Workers’ Comp Lawyers

 Despite being the plaintiff, workers’ comp lawyers usually defend their clients from the plethora of acquisitions thrown by the employer’s team.

·         Prove that you are the employer and that the injury falls within the parameters of the state’s Workers’ Compensation Act.

·         Get a second medical report to solidify the extent of the client’s injuries.

·         Impress upon the corporate lawyers the likelihood of the jury favoring the plaintiff.

Conclusion

In conclusion, settling a case is almost always much better than going to trial. Trails aren’t only messy but can take up a lot of time and money – both of which are essential commodities for workers, especially injured ones. However, this does not mean that you should give in to fear and settle for anything less than fair. As such, always hire a team of trustworthy lawyers who’ll not only protect you from such nefarious tactics but also stand by your side if you choose to go to trial.