In 2013, South Carolina adopted new mediation regulations for South Carolina workers’ compensation cases. Before 2013, mediations would occur in cases only if both the Claimant (Injured Worker) and the Defendants (Employer/ Insurance Carrier) agree to mediate the claim. With these regulations, it is important for the injured worker to have some idea of what kinds of cases are required to be mediated, what the mediation process is and what it is not, and who the people are involved in the mediation.
Do All Workers Comp Cases Go Through Mediation?
First, only some South Carolina Workers’ Compensation cases are required to mediation. The most common type of case that must be mediated is when I am arguing that my client is permanently and totally disabled as a result of his or her injury. Other cases including occupational disease cases, contested death claims, and cases involving the reduction of a third-party lien must also be mediated. Additionally, it is possible that my client’s claim is mediated because I feel, and my opposing counsel agrees, that a voluntary mediation would be beneficial. This typically involves complex types of cases.