Members of the claim management team should be empowered to engage injured employees, even when they are represented by an attorney, to try and settle workers’ compensation claims. This includes using mediation to resolve the dispute.

Here are some tips claim handlers can use to reach an amicable and successful agreement on their claims.

Prepare a brief mediation statement in advance and submit it to the mediator. A useful mediation statement does not need to be long-winded and filled with every detail about a claim.

Useful mediation statements highlight the key elements of a workers’ compensation claim that include the following: Brief background on the employee’s educational, vocational, and medical history; Summary of the work injury; and Short narrative of the employee’s medical care and treatment. Highlight the important types of care – imaging and scans, surgeries, and overall recovery.

The cover letter should also highlight the claims being made by the employee, the defenses to the employee’s claims, and an honest assessment of these defenses. Do not include a lot of medical records – generally, the IME report will suffice.