Rather than waiting for a Deputy Commissioner or the Full Commission to rule on a case pending before the Virginia Workers Compensation Commission (“VWC”), many ABRAMS LANDAU clients are opting for Mediation to settle their claims.
Workers who are injured on the job and unable to continue their employment may be eligible to collect benefits under their employer’s workers’ compensation insurance (WC) policy. Sometimes taking many months or even years to bring to closure, WC cases involving permanent injury, lengthy disability from work, or multiple injuries are complex, costly, and often contentious. Particularly difficult cases may ultimately end in litigation — an unpleasant and expensive outcome that extends the resolution out even further. And appeals delay justice even further and drive up the costs of litigation.
For this reason, Mediation is being used increasingly in Workers’ Compensation cases involving permanent impairment, long term disability and traumatic brain injury.
Mediation is a negotiating session during which a neutral third party (mediator), often an active or retired workers’ compensation judge, helps the parties
in an attempt to reach an agreement that is acceptable to everyone. It is typically voluntary, and all negotiations are confidential. In mediation, the parties themselves participate actively in how their case will be resolved, as opposed to a court case in which the ultimate decision is made by someone else (a judge).
Often asked by his clients:
Do I have to go to court to collect my workers’ comp benefits? Herndon workers’ compensation attorney Doug Landau’s answer is a resounding NO! In fact, Landau often recommends mediation to his WC clients.
An experienced mediator himself, Landau has had tremendous success with mediation. “Mediation (as opposed to going to court) saves everyone involved the time and effort of trying a WC case. And, best of all, there is no chance of appeal!” says Doug.
The WC team at Abrams Landau, Ltd. has seen, first-hand, the benefits of mediation:
- Resolution is quick, and all parties typically are very satisfied with the outcome.
- Earlier resolution brings about substantial costs savings for all participants.
- Guidance by a neutral facilitator makes the process run smoothly.
- Creative settlement options are not only possible, but encouraged.
- Parties have the undivided attention of the mediator.
- Mediation is easier and more convenient to schedule than court cases, the dates for which are assigned rather than scheduled.
- Confidentiality of proceedings means that parties are free to express sentiments that they could not express in litigation.
- Parties can move on with their lives unencumbered by the workers’ compensation system.
Mediation can really help with a workers’ comp case. If you or someone you know has been injured on the job, leaving you unable to work, and there are questions as to what laws apply,
email or call
Abrams Landau, Ltd. at once (703-796-9555).
