Once everyone has agreed to the terms, the employee wants to make sure the employer or the carrier doesn’t back out of the deal. Sometimes, after mediation, the employer will decide they want to change the terms for some reason. With the help of legal counsel, a properly prepared mediation agreement can be enforced. This means the employee can force the employer to comply with the terms of the agreement in front of the Commission and ultimately in a Court of Law.
Additionally, if the worker dies before the settlement agreement terms are met, then the worker’s estate would have the right to enforce all the terms of the agreement.
These are both strong reasons our firm recommends that you engage in mediation and use a mediation settlement agreement. Even if you are initially unable to resolve your claim at mediation, if you should later come to an agreement with the carrier, you should make an arrangement with the carrier, as well as the mediator, that any such later agreement will immediately be reduced to a mediated settlement agreement to be executed by all parties in accordance with the rules of the Commission.
A failure to reduce the agreement to writing under the requirements of the Workers Comp Act means the agreement is not enforceable. It also gives the employer and the insurance carrier an ‘out’ if they change their minds. If the employee dies, then it can be harder for the beneficiaries to get their benefits.
It is best not to take a short-cut. Make sure you get a signed mediation agreement with the help of legal counsel.
North Carolina Injured Worker Lawyer Joe Miller Knows How to Make Mediation Agreements Enforceable
It is important to put mediation agreements into writing. Oral agreements or understandings can’t be enforced if the employer or insurance company has a change of heart. A skilled North Carolina Workers’ Compensation Lawyer will make sure the mediation agreement is put into writing and all the formalities are met. Joe Miller has been helping injured workers settle their cases correctly for over 25 years. Call Joe Miller Law at 888-694-1671 to make an appointment. You can also submit his online form.
