How facilitation can speed up your workers comp case

Michigan workers comp lawyer explains how to speed up resolution of your case using the facilitation process.

Some of our clients are upset to learn that it can take months or years to fully resolve a disputed workers comp case. This is especially true when they have no income or access to medical care. We understand and do everything possible to speed up the process.

The problem usually comes down to Agency resources. Some magistrates will refuse to give a firm trial date until after a case is several months old.

Insurance companies also delay because they are hoping that our clients run into financial difficulty and want to settle cheaply. Some defense attorneys will slow things down because they get paid every time they show up to court.

Speed things up with facilitation

Facilitation gives both sides an opportunity to informally present their arguments to a neutral magistrate. The magistrate will not decide the case but will come up with a dollar amount that he or she feels is reasonable for settlement. Neither side is bound by this amount and can proceed to trial.

Facilitation is a great way to speed up resolution of a case. It allows both sides to narrow the issues and discuss settlement. Some people have unrealistic expectations about the value of their case and this allows them to hear from a disinterested party. Insurance companies and employers are also expected to be reasonable and acknowledge the merit of a claim.

Proceeding to trial means that one side is going to win and the other will lose. This gives plenty of incentive to compromise. Our experience shows that facilitation will result in resolution 8 out of 10 times. The final settlement amount might be more or less but it is usually fairly close.

Timing is everything

Most magistrates will let you select a facilitation date any time prior to trial. We recommend that you schedule facilitation on your own terms. Wait until you are sure that settlement is in your best interest.

Some cases can be resolved quickly while others need time to develop. Updated medical records may be required. You might also have to take a deposition of your doctor before the insurance company will take your case seriously.

Call (855) 221-2667 to speak with one of our workers comp lawyers in Michigan. We can help you resolve your case with the best possible outcome.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to review a case.

Related information:

Video: Injured at work? Advice from a Michigan workers comp lawyer

Photo courtesy of Creative Commons, by Vectorportal.

12/01/2012
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