Minnesota Workers' Compensation Mediation Lawyer

Insurance companies approach mediation with one goal: saving money. They aren’t there to be fair; they’re there to minimize their payout. Expect them to use specific tactics designed to pressure you into accepting less than you deserve.

Common Insurer Tactics in Mediation:

• The Lowball “Best and Final” Offer: They’ll present an unreasonably low offer early on, call it their “final” offer, and hope you’ll cave under pressure or out of a desire to just be done with it.
• Delay, Delay, Delay: Dragging out the process, requesting unnecessary documentation, or scheduling multiple sessions wears down injured workers emotionally and financially, making them more likely to accept a poor settlement.
• Questioning Your Injury: They’ll use their IME report (which almost always favors them) to argue your injury isn’t as severe as your doctor says, it’s pre-existing, or you’re exaggerating symptoms.
• Surveillance Spin: They might bring up surveillance footage (often taken out of context) attempting to show you’re less injured than you claim.
• Ignoring Future Needs: Their offers frequently undervalue or ignore future medical expenses or the long-term impact of your disability on your earning capacity.
• Playing Hardball on Benefits: Disputing every single item, from mileage reimbursement for doctor visits to the necessity of prescribed medication.

How Mottaz & Sisk Fights Back for You:

We anticipate these tactics because we’ve seen them thousands of times. Here’s how we counter them:

• Thorough Preparation: We enter mediation armed with comprehensive medical evidence from your treating physicians, vocational reports (if applicable), accurate wage calculations, and a detailed analysis supporting your claim’s full value.
• Strategic Negotiation: We don’t just react to their offers; we set the agenda with a strong, well-supported initial demand. We know how to negotiate effectively, exposing the weaknesses in their arguments and highlighting the strengths of your case. Jerry Sisk’s experience representing insurers gives us unique insight into their pressure points.
• Evidence is Key: We directly counter their IME reports with solid evidence from your doctors who know your condition best. We dismantle misleading surveillance interpretations.
• Valuing Your Future: We ensure any settlement offer properly accounts for potential future medical needs and long-term wage loss, not just past expenses.
• Knowing When to Walk Away: We won’t let you be bullied into a bad deal. If the insurer refuses to make a reasonable offer in mediation, we are fully prepared to take your case to a hearing before a compensation judge and fight for your benefits in court.

You don’t have to face the insurance company’s lawyers alone. We level the playing field.

Actions You Can Take Now to Strengthen Your Case

You’ve already dealt with the initial aftermath of the injury. Now, with your claim disputed and mediation potentially on the horizon, certain actions become even more important for bolstering your position. Forget the initial “report your injury” advice – you’re past that. Focus on these steps:

• Stick to Your Treatment Plan Religiously: Follow every piece of medical advice from your treating doctors. Attend all physical therapy appointments, take medications as prescribed, and adhere to any work restrictions. Any deviation gives the insurer ammunition to argue you aren’t serious about recovery or that your condition isn’t truly disabling.
• Become a Meticulous Record Keeper:
  • Keep Every Receipt: Medical bills, prescription co-pays, mileage logs for travel to/from medical appointments, parking fees, medical supplies – keep proof of every expense related to your injury.
  • Maintain a Detailed Journal: Document your pain levels daily. Note specific activities you can no longer do or struggle with. Record sleep disturbances, side effects from medication, and the emotional toll. This provides concrete evidence of your injury’s ongoing impact, which is invaluable during negotiations.
• Gather Your Documents: Obtain copies of all your medical records related to the injury. Get copies of any incident reports filed with your employer and any correspondence you’ve had with the insurer before you hired us.
• Silence on Social Media: Assume the insurance company is watching your online activity. Posting pictures of you doing physical activities (even if it caused pain later) or making comments that downplay your injury can be twisted and used against you. Best policy? Stay off social media entirely regarding your injury or activities, or set all profiles to private and be extremely cautious.
• Channel All Communication Through Us: Do not speak directly with the insurance adjuster or their attorney. Refer all inquiries to our office. Making casual statements can inadvertently harm your case. Let us handle the communication to protect your rights.

Taking these steps demonstrates you are committed to your recovery and provides us with the solid documentation needed to effectively argue your case during mediation and beyond.