What Is Workers’ Compensation Mediation in South Carolina?

Workers’ compensation mediation in South Carolina is a method of conflict resolution. It involves a third party (mediator) who helps in finding mutually acceptable solutions to complicated workers’ compensation disagreements between injured workers and their employers.

A mediator is not a judge and does not make a ruling on the dispute. Their function is to enable communication and help resolve conflicts effectively. Successful mediation can prevent the need for a formal hearing.

The guidance of an Aiken workers’ compensation lawyer is important during the mediation process. Our team has recovered over $1 billion on behalf of injured people just like you. Contact us today to schedule a free consultation and find out how we can help. 

Why Is Workers’ Compensation Mediation Necessary?

The South Carolina Workers’ Compensation Act outlines the rights of employees who are injured on the job. It is a no-fault system, designed to make sure workers receive the disability benefits they need, without having to prove their employer was negligent. 

Even though the goal is to simplify the compensation process for injured workers, disputes still happen. Employers or their insurance companies may contest the extent of your injuries, the need for medical treatment, or whether your injury is work-related. 

In these situations, mediation can be a practical alternative to more complex dispute resolution methods. Effective workers’ compensation mediation plays an important role in helping parties resolve issues more quickly and cost–effectively. 

Do You Need a Lawyer for Workers’ Compensation Mediation in South Carolina?

While you are free to represent yourself if you wish, most people opt to hire a skilled Aiken personal injury lawyer who has experience with workers’ compensation disputes. Your attorney can help ensure compliance with the South Carolina Workers’ Compensation Commission (SCWCC) rules.

A lawyer understands South Carolina workers’ compensation laws and can help you avoid costly mistakes. Workers’ compensation attorneys are skilled negotiators who know how to fight for the benefits you need. 

In mediation or any formal interaction with your employer during the workers’ compensation process, you will likely deal with their insurance company, whose goal is to deny or reduce your entitled benefits. It is wise to have a legal professional on your side.

Is Workers’ Compensation Mediation Mandatory in South Carolina?

Workers’ compensation mediation in South Carolina can be mandatory or voluntary, depending on the claim. Mandatory mediation aims to reduce the caseload of the South Carolina Workers’ Compensation Commission and resolve disputes before a hearing is needed. 

Examples where a commissioner may order mediation include:

• Permanent and total disability claims
• Occupational disease claims
• Contested deaths
• Mental injury claims

For other types of claims, voluntary mediation may be an option for solving problems without the need for costlier and more time-consuming alternatives.

Is Workers’ Compensation Mediation the Same As Negotiation?

Mediation and negotiation can both play a role in workers’ compensation disputes. While both methods are used to resolve disagreements with the intention of avoiding more complicated legal proceedings, there are important differences between them. 

In negotiations, two or more parties communicate directly to reach voluntary agreements. For workers’ comp cases, this often occurs between an injured worker’s attorney and their employer’s insurance company when a claim is in dispute.  

Mediation is a type of structured negotiation where a specially trained third party helps facilitate dispute resolution between two disagreeing parties. Mediations typically involve the injured worker and their attorney, the employer, the employer’s insurance company, and a mediator.

The Mediation Process in South Carolina Workers’ Compensation Cases

After you have submitted Form 50 and requested a hearing for your workers’ compensation claim, the Workers’ Compensation Commission may require you to go through mediation first. 

Whether a commissioner has ordered mediation or you have chosen to pursue it on your own, the process is similar.

Mediator Selection

Both parties will agree on a credentialed mediator. If the parties can’t reach an agreement, the commission may appoint a mediator. Lists of certified mediators can be obtained from the South Carolina Workers’ Compensation Educational Association and the South Carolina Bar Association. 

Preparation

Before mediation, each party prepares a summary for the mediator. This summary may include evidence such as medical records, wage documentation, expert opinions, and any other documentation important to the case. 

The Mediation Session

The mediation session typically takes place at a neutral location. The parties present usually include the injured worker and their attorney, a representative of their employer, and an attorney for the employer’s insurance company. 

What Happens After Mediation?

If mediation negotiations succeed, the parties will create a written settlement agreement. After both sides sign it and submit it, the South Carolina Workers’ Compensation Commission must approve the agreement for it to be finalized.

After SCWCC approval, the agreement becomes legally binding, and the employer must comply with its terms, such as paying the agreed-upon benefits within a certain time frame. The mediator will also file a report with the SCWCC, noting that the issue has been resolved.

If no agreement is reached, the mediator will file a report of impasse, and the case will proceed to the next phase,  typically a contested hearing before a Commissioner. At that hearing, each side presents evidence and testimony, and the Commissioner issues a decision.

Get Help With Your Workers’ Compensation Claim

Workers’ compensation mediation in South Carolina is one tool for resolving issues when you are denied the benefits you deserve. An experienced attorney can help you through the process and give you a greater chance of success than going it alone. 

Our team at John Foy & Associates has over 350 years of combined experience advocating for injured victims. Contact us today and schedule your free consultation.