What is the difference between a Workers’ Compensation Settlement and a Personal Injury Mediation?
Do you ever wonder what the difference is between a workers’ compensation settlement and personal injury mediation? In the State of Florida, when following the procedures for mediation with a State certified mediator, the rules for mediation are the same, regardless of the area of law.
However, there are nuances specific to each of these two areas of mediation.
Personal Injury Mediation
Personal Injury mediation seeks to settle liabilities and damages, with each party hoping to assign liability to the other. The outcome is never certain. If the case does not settle, it may proceed to a jury trial, or a judge may dismiss the case entirely. No specific outcome is assured. And, if the Plaintiff were to lose, the Plaintiff may even be assessed court costs. Also, in a Personal Injury case, a Plaintiff is responsible for a physician’s fees, and “pain and suffering” are substantial factors… with the possibility of a judgment by a “run away” jury.
Finally, the mediator can advise all parties that the appeal of an adverse ruling by either party may add years to any resolution. A resolved mediation is the only certainty that provides closure for the parties.
Workers’ Compensation Mediation
Workers’ Compensation is fundamentally different. When a worker becomes injured on the job, the employer must immediately provide for any necessary medical attention and must also provide a percentage of the wage while the injured worker recovers. In evaluating a Workers’ Compensation case, basic business costs are assessed. How much might future medical care cost? How much longer will the injured worker receive wages while recovering? Does the employer owe the injured worker’s attorney a legal fee for obtaining a benefit?
Workers’ Compensation cases remain open until the parties voluntarily agree to resolve all past, present and future benefits. In Workers’ Compensation cases, there is no payment allowed for “pain and suffering”.
As the evaluation of each area of law is different, a mediator with an understanding of the nuances of each area of law helps the parties achieve a successful resolution.
Author: Thomas E. Glick
