Legal Question in Workers Comp in Florida
Worker's Compensation Law Procedures
I would like to find out the procedures of a mediation and what are the basic steps. I would also like to know more about the procedures for a worker's compensation trail; including the time and what to expect in the future such as what type of lump sum and medical benefits. I would also like to know more about what type of disability plans to look for with a back injury/back surgery.
1 Answer from Attorneys
Re: Worker's Compensation Law Procedures
First of all, no attorney in his right mind would give you a valuation of your case without a great deal of additional information. However, I can address your question regarding mediation and final hearing (trial)
The mediation is where the parties get together with a mediator and attempt to resolve the issues and/or the entire case. The issues would surround any petition for benefits filed request specific benefits not being provided by the Employer/Carrier. This is a mandatory process so you can proceed forward to final hearing. If mediation is not successful in resolving the issues or settling the entire case, you would move on to pretrial and then final hearing. Bear in mind that the Judge of Compensation Claims can only decide if you are entitled to specific benefits requested in the Petition for Benefits. The Judge does not determine the value of your case, nor does he award any benefits not previously requested in a petition for benefits. There is no jury, and you are not awarded any money for pain and suffering. Many injured workers are of the mistaken belief that the Judge determines how much their case is worth. The JCC has limited power to determine only what benefits you are entitled to. Any settlement of the case has to be agreed upon by the parties.
For any further and more specific information you should contact a qualified workers' compensation attorney immediately. Good luck