Free Mediation at the Virginia Workers Compensation Commission

Getting a settlement in a permanent injury workers compensation case in Virginia can be very difficult. There is no law that says that the workers comp insurance company EVER has to settle with the injured worker or their family, even if the claimant is permanently disabled. This is true even if the disabled worker is receiving Social Security, retirement, Long Term Disability (“LTD”) benefits or even a pension due to an “early retirement” for “medical reasons.”

This can be very frustrating, as there are a number of very good reasons why an injured claimant (or the family in a fatal accident case) may want to settle a Virginia comp claim. Litigating a comp claim over years, and even decades, as we have done at the Herndon law firm ABRAMS LANDAU, Ltd., may lead to winning decisions by a comp judge, but getting money and benefits in “dribs and drabs” may not be in the worker’s best interests. Many claimants would rather have the ability to make their own medical care and employment decisions and not have the insurance company (or their hired agents) determine who they see for treatment, how they get their medications and where and when they work.

For these reasons, Mediation in Virginia workers comp claims makes a lot of sense in many cases. Mediation is non-binding; an agreement or settlement is only reached if ALL the parties agree. Second, the Virginia Workers Compensation Commission provides mediators free of charge ! Even the most experienced Deputy Commissioner will not cost an injured worker a penny ! While we have successfully mediated Virginia comp claims privately such private mediations cost several thousands of dollars for the retired judge or experienced lawyer’s time, efforts and expertise. When a case is successfully mediated, the injured worker and their family do not have to worry about appeals or other litigation delays. The insurance company, employer and worker’s counsel can also fashion remedies beyond what the Virginia Workers Compensation Commission may be able to accomplish (i.e., create a structured settlement, base payments on a family member’s needs, advance money toward other litigation, pay for expert advice on related claims, etc.). It is for these reasons that the Workers Compensation team at ABRAMS LANDAU often recommends this form of Alternative Dispute Resolution to clients. Injured workers find that Mediation yields better results than trial, appeals, litigation and delay. If you or someone you know or care for has been injured on the job, and there are questions about what laws apply, Mediation or other forms of Alternative Dispute Resolution (“ADR”), please e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.