Required Mediation in South Carolina Workers' Compensation
South Carolina On the Job Injury Lawyer
The South Carolina General Assembly approved the new South Carolina workers" compensation Mediation Regulations (R 4286) on May 13, 2013. The regulations will become effective once they are published in the South Carolina State Register, most likely on June 28, 2013 or shortly thereafter. This means that certain cases will be subject to mediation before they will be permitted to go to a hearing This cases include, but are not limited to, cases invovling permanent and total disability claims or cases where this is alleged as well as occupational exposure claims, and mental injury claims.
What is a S.C. Workers' Comp Mediation?
What is Workers Compensation Mediation, South Carolina?
Before you can mediate, it is important to understand was that term even means.Our previous What is a Workers' Compensation Mediation answers that very question. Mediation is an attempt where both parties or both sides will come together with an independent third party in an attempt to resolve the claim. The person that assists with this is called the mediator and he/she will make both sides look at the good stuff about their case but also take a real inventory of the bad issues as well. No case is a true slam dunk and both sides must take a personal inventory of their strong points and their weak points.
The infamous wikipedia describes mediation as:
"Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process."
Experienced Workers' Compensation Lawyers Know the Process
In South Carolina an experienced workers comp attorney can guide a client through the mediation process to make sure their rights and benefits are protected and to make sure the client receives a fair settlement. If you've been injured on the job whether it is a back injury, brain injury, arm injury or any other injury in South Carolina, then contact work comp lawyer, Ryan Montgomery, for a free consultation to discuss your rights and claim. (800) 519-0297 | (864) 558-5282