Mediation Do's and Don'ts

Happy Thursday everyone! Can you believe it is the last week of July? This summer has flown by. I hope you all have had some time to relax, stay cool, and make lots of memories! Today I wanted to delve a bit deeper into the world of mediation and give you all some do’s and don’ts when it comes to dealing with mediation in your case.

What to Do

1.) Listen. Try to hear what the other party is saying, and what they are trying to express that they need from mediation. You may be able to find some common ground.

2.) Get Feedback. Often the mediator that you are dealing with has years of experience dealing with mediations. If you are ever confused or feel like your point is not getting across, ask the mediator how you can be clearer and better express yourself.

3.) Always Treat the Mediator Kindly. They are there to hopefully help you find a resolution in your case. And they are human. It is important to treat them kindly and know that they are only doing their job.

4.) Take Breaks. Mediation can be filled with emotions and sometimes you just need a moment to collect yourself and get back at it. You are allowed to ask for a break whenever you need one. Don’t push yourself because you think you would be wasting people’s time. The process is meant to benefit you.

What Not to Do

1.) Never Lie. In order for mediation to work there has to be honesty. If you are really trying to resolve your case and avoid going to the courtroom, you need to be genuine and discuss your needs in the hope of finding a middle ground.

2.) Don’t Blame. The point of mediation is to serve as a compromise of sorts. Pointing fingers will only stop the process from being effective and turn the conversation into a blame session.

3.) Don’t Ignore Emotions. Often mediation comes as a result of an emotionally charged conflict. If you don’t allow yourself to express your emotions and your needs, the conversation will not be beneficial, and you will not be able to come to a compromise.

4.) Don’t Come to Mediation with a Closed Mind. This is an opportunity to discover a solution that benefits both parties involved. If you come into the process unwilling to compromise or listen to what the other party has to say, the process will be unhelpful and you could prolong your case.

I hope you have all found this blog helpful. Mediation can be extremely helpful in your case and give you the chance to avoid bringing your matter into a courtroom. Mediators can play critical roles through the course of your legal case, and it is important to remember they are people too! If you would like to discuss mediation more, don’t hesitate to contact our office!

***This blog is informational only and in no way constitutes legal advice of any form. If you or someone you know has questions about the mediation process, please feel free to contact our office.

Sources: 

https://corporate.findlaw.com/litigation-disputes/ten-mediation-do-s-and-don-ts.html#:~:text=Don't%20use%20the%20mediator,client%20for%20settlement%20in%20advance. 

https://wakelymediation.com/2020/08/mediation-dos-donts/ 

http://murdochkittlaw.com/12-divorce-mediation-tips-dos-donts/

Work Comp FAQs!

Hi all! There is often confusion about what does and does not qualify as a Workers’ Compensation claim or what type of benefits you may be entitled to. Although I have discussed some of these questions before, I wanted to refresh your memory and shed some light on some Frequently Asked Questions. Hope this helps!

1. Will I be paid if I lose time from work?

- Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.

2. Who pays for Work Comp. benefits?

- Employers who do not pay for benefits typically purchase workers’ compensation insurance to cover the benefits for employees. Most states require businesses to carry workers’ compensation insurance

3. What is not covered by Work Comp.?

-Although this can vary by state, I wanted to include some examples of what is generally not covered by Work Comp.:

Injuries received by a fight that an employee started

Injuries an employee sustains due to being intoxicated in the workplace

Injuries an employee gets intentionally

4. Is it possible to receive Social Security and Work Comp. benefits at the same time?

- Yes. However, an offset, or reduction in your workers' compensation check may be applied because the law states that the two combined may not exceed 80 percent of your average weekly wage earned prior to your injury.

5. What is my time limit to file?

- Generally, there is a two (2) year period to file a Petition. However, it depends on the type of issue in dispute.

6. What happens if I settle my claim for medical benefits, but my pain or injury becomes worse after?

- You are responsible for your future medical needs after your claim for medical benefits is settled.

7. When will I receive my first Work Comp. check?

- You should receive your first check within 8 to 21 days following the date of the accident.

8. What is modified duty work?

- “Modified duty” work refers to a position or job created by an employer to specifically comply with any physical limitations an authorized treating physician has placed on an injured worker.

9. Can I be fired by my employer while I am on leave for a Work Comp. claim?

- No, your employer cannot fire you for filing a workers’ compensation claim. If they do, the Florida statutes allow you to file an action for wrongful termination.

10. How long after an injury do I have to report my injury?

- Report your injury immediately. You have 30 days to report your injury, but if you do not do so in a timely manner, your claim may be denied for failure to notify your employer.

I hope you found this blog helpful. If you have any further questions regarding Workers’ Compensation or a Work Comp. claim that you may have, contact our office to schedule your free consultation with Marcie Baker!

***The information contained in this blog in no way constitutes legal advice of any form. If you have a claim or legal question you would like to discuss, please feel free to contact our office to schedule your free consultation.

Sources: https://www.thehartford.com/workers-compensation/questions-answered https://www.myfloridacfo.com/division/wc/employee/faq.htm https://www.floridaworkers.org/faq/

Legal Myths: Debunked!

Hi all! In the past, I have written blogs debunking some myths related to Marcie’s practice areas. Today, I wanted to take some time and debunk some general legal myths, since the legal world is often perceived the way that you see it on TV shows. Hopefully, this sheds some light on what the legal profession is really like!

MYTH ONE: I can file my Workers’ Comp. claim whenever I want

Reality: There is a window of time when you must notify your employer of your claim. If you wait too long, you may not get the compensation that you’re owed, and your employer can deny the claim due to “late notice”. In the State of Florida, an injured worker is required to report an incident to their employer within 30 days. If the case is an occupational exposure case, then the worker making the claim has 90 days.

MYTH TWO: All cases go to court

Reality: The ultimate goal is to resolve your case quickly and save you money. This is why most cases are settled outside of court through mediation and negotiation, which I have written about several times previously.

MYTH THREE: I don’t need an attorney and should just handle the case on my own

Reality: Navigating the legal world on your own can be confusing, time-consuming, and expensive. Many attorneys, like Marcie Baker, offer a free initial consultation so you can get a feel of what your case will look like, how expensive it will be, and what outcome you can expect. It is always better to trust the people that spent years at school learning how to help you, instead of a random google search that tells you what it says is best.

MYTH FOUR: Online comments cannot get you in trouble

Reality: I’ve said it before, and I will say it again. ANYTHING you post, say, share, tweet, or comment on, can and will be used against you during your claim. That is why it is best to refrain from discussing anything about your claim on social media. If you feel that you cannot do this while your claim is being handled, then it is best to avoid social media altogether before you post or comment on something that will hurt the outcome of your claim.

MYTH FIVE: My injury is not severe enough to require an attorney

Reality: How severely you have been injured generally does not matter when you are filing a Work Comp. claim. If you are injured on the job, there are safeguards in place to make sure that you are compensated whether it is a broken wrist or a broken neck. Large and small claims are important, and you are entitled to relief from an injury suffered on the job. Do not hesitate to notify your employer or contact an attorney just because you feel like your claim is insignificant.

So there you have it. Law and Order may be an excellent show, but, the legal profession, and the attorneys who serve you, are much different than what you see on TV. Please do not hesitate to reach out if you have any other legal myths you’d like debunked!

***The thoughts, ideas, and opinions in this blog in no way constitute any form of legal advice. Should you or someone that you know have a question relating to a legal claim, please do not hesitate to call our office to schedule your free consultation.

Sources: https://westlawfirmsc.com/9-legal-myths-debunked/ 

https://bullucklawgroup.com/common-legal-myths-debunked/

On the Lighter Side of Things

Happy Thursday everyone! In a world that has been filled with so much hate and negativity recently I wanted to take today to have some fun and make you smile. Corny jokes are always good for a laugh and an eye roll and hopefully, they brighten your day.

Enjoy!

- What did the baby corn say to the mama corn?

o Where’s popcorn?

- What kind of tree fits in your hand?

o A palm tree!

- Why did the cookie go to the doctor’s office?

o Because he felt crummy!

- Why did the girl smear peanut butter on the road?

o To go with the traffic jam!

- Why did the scarecrow win an award?

o He was outstanding in his field!

- What do you get when you cross a centipede with a parrot?

o A walkie-talkie!

- Why was the elevator angry?

o People were always pushing his buttons!

- Why did the banker quit his job?

o He lost interest!

- What did the ocean say to the beach?

o Nothing, it just waved!

- How do celebrities stay cool?

o They have many fans!

I hope you all enjoyed this blog post. It is important to remember to stop, laugh at the little things, and try and find something positive every day, no matter how negative the rest of the world seems.