Mistakes To Avoid During Workers’ Compensation Mediation in Vermont

In Vermont, the parties involved in a workers’ compensation claim (the injured worker and the insurance company) are required to mediate before having a formal hearing. Workers’ compensation mediation is a crucial component in resolving an injury claim. Mediation is a structured process that involves a neutral third party facilitating communication and negotiation between parties in a dispute to reach an agreement voluntarily. However, while mediation is an informal process, for some workers, it can feel unfamiliar and high-pressure, making it easy to make mistakes that can have adverse effects. Below, we share some of the most common mistakes injured workers make during Vermont workers’ compensation mediation and how you can avoid them to protect your rights.

1.    Showing Up Unprepared

One of the biggest mistakes you can make is arriving at your mediation session unprepared. The workers’ compensation insurer will be equipped with documentation; therefore, you need to be just as prepared. If you attend your mediation sessions unprepared, you will give the insurance company an advantage.

Ensure you have enough documentation to support your claim. This may include:

• Medical records
• Witness records
• Wage and employment history
• Proof of work restrictions

The more thorough and organized your documents are, the easier it will be to counter the insurance company’s arguments and justify the settlement you are seeking.

2.    Withholding Information

Another mistake that employees in Vermont often make during workers’ compensation mediation is withholding information from their lawyer. Some workers hide certain details because they worry the information might hurt their case, embarrass them, or assume it’s not important enough to mention. But withholding information is never a good idea. If withheld information comes out, it can weaken your credibility and negotiation power.

Be honest and transparent. While you might believe that this will weaken your case, the truth is that it will actually strengthen your position.

3.    Oversharing

Mediation is casual, but it does not mean that you should overshare. Remember, the insurance adjuster will be listening closely for anything they can use against you or that can give them an advantage. Some of the information to avoid sharing includes:

• Personal frustrations
• Strategic information about your case
• Details about activities that may contradict your claim

Only stick to facts and let your attorney do most of the talking.

4.    Not Having Legal Counsel

While you are not legally required to have an attorney present during workers’ compensation mediation, it is in your best interest to hire a legal representative. Not having an attorney can put you at a serious disadvantage, especially since it is almost guaranteed that the insurance company will have a lawyer and an adjuster present.

A skilled attorney can value your claim accurately, negotiate effectively, and help protect your rights throughout the process.

5.    Allowing Pressure To Push You Into Settling Quickly

The insurance company might use several tactics to try to pressure you into accepting a low offer. The unequal power dynamics (especially if you don’t have an attorney) might also make you feel pressured to settle quickly. You need to avoid settling too fast, as doing so might result in you accepting an unfair offer.

Only settle once you have reviewed all options with the help of an attorney.

Contact Us for Legal Help

Our experienced Vermont workers’ compensation lawyer at Sluka Law PLC can guide you throughout the claims process and ensure you don’t make mistakes that might harm the outcome of your case. Contact us today to schedule a consultation.