If the Georgia State Board of Workers’ Compensation sends my case to mediation, do I have to accept?

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Most of the time, if you and the employer and/or insurer have been scheduled to mediate your Georgia workers’ compensation claim, it is arranged by agreement of both sides and by filing a Board Form WC-100 with both sides’ signatures. However, I have been involved in a contentious workers’ compensation hearing in Atlanta, and the Judge ordered us to go down to the ADR (alternative dispute resolution) unit to mediate the case. In a case such as that one, we were required to attempt to resolve our issues with a mediator, but we weren’t required to settle (and we didn’t).

In short, you cannot be forced to accept a settlement offer from the insurance company. You may be force to attend a mediation and attempt to settle your case, but if the best offer given is not good enough for you, you may walk away. If you would like help with evaluating and pricing your workers compensation claim in Georgia, feel free to call my Atlanta law office for a consult.



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