(757) 455-8889

Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

What exactly is mediation?

Mediation is simply a process whereby you and your attorney, and the opposing attorney –and sometimes a representative from your employer and/or a representative from the workers’ compensation carrier– get together in a conference room, along with a neutral third party, or mediator. This usually takes place at the mediator’s office or one of the attorney’s offices.

This is not like other processes you may have heard about such as arbitration. The mediator does not have the power to make any decisions with respect to your case. His or her job is merely to facilitate the two sides getting together to try to resolve your claim.

When we go to mediation, we make sure that we choose a mediator who is familiar with North Carolina Workers’ Compensation Law so that we are all on the same page. It is our job to familiarize you with the process and present your claim in the best light possible.

Usually in the conference room of the mediator’s office, we do a short presentation to the mediator of the facts relating to your case, and then the other side has their turn. We then split up into different rooms, and begin the negotiation process. We have found this process to be especially effective in resolving cases, with 75-90% of all cases settling at mediation.

We always warn our clients that the process can be aggravating, in the same way that buying a car can be aggravating. But it is usually well worth it.

Best business of 2021 award
Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.