If you have had your workers' compensation claim denied, you may be subject to arbitration. Arbitration can be a requirement of pursuing your claim and involves an attempt to resolve your claim outside of court. If you have been turned down for workers' compensation and have been notified that you should (or must) go through the arbitration process before filing suit, read on for more information about this process.

What is arbitration?

Arbitration is a form of dispute resolution that attempts to keep cases out of the courts. Every state has different guidelines on arbitration, sometimes referred to as mediation. Some states merely offer it, some states require it. Arbitration is considered a tool to allow both sides to air their case before an arbitrator, usually appointed by your state's workers' compensation board.

What happens at an arbitration hearing?

The arbitration hearings are conducted in a formal fashion similarly to court cases, with each side getting time to present their cases before the arbitrator, who acts as a judge. Once all the evidence has been presented, the arbitrator will present his findings or opinion, usually after several weeks or even months. It's important to note that the arbitrator's ruling is not binding on either party.

Even if not required by your state, there is a great benefit to participating in arbitration or mediation, if available. Many times, the evidence presented at an arbitration hearing will compel your employer's insurance company to offer a settlement for your claim. Going to court can be time-consuming and costly for all parties, so you should carefully consider any offers to settle and get on with your life. For this reason, having a workers' compensation lawyer to assist you with arbitration and settlement negotiations can be vital.

What if the arbitrator rules against my workers' compensation claim?

In some states, the arbitrator's ruling represents the end of the state workers' compensation board's involvement in your case and the only alternative left to you is litigation. In other states, you can appeal the arbitrator's ruling and the case proceeds to an appellant body.

If your workers' compensation claim is denied, you should strongly consider contacting a workers' comp attorney to assist you with the arbitration and appeal process. Time deadlines for appeals are strict and the myriad of laws surrounding workers' compensation can be complicated and confusing. Allow a legal professional, like Shoap Law Offices, to advocate for you and take the pressure off of you, so that you can concentrate on recovering from your injuries.