Settlement Negotiations in Workers’ Compensation Claims

3:20 – 4:20 pm

Crystal Ballroom J1
Convention Level

Do workers’ compensation claims get settled? How does that process work? But most importantly, are settlements in the best interests of all parties including the employer? It is a rare circumstance that the employer is ever consulted about whether a case should be settled, the primary focus being on the best interests of the injured worker and the insurance carrier. In fact, sometimes settlements are not in the best interests of the employer, particularly when you are dealing with a large deductable, loss sensitive policy, self-insured employer, or where there will be an adverse impact on the employer’s experience mod. The agent should be involved with counseling the employer on the real bottom-line impact of a settlement on the employer and be in a position to advocate on behalf of the employer. Rarely do such actions take place, but when accomplished, this differentiates between the concerned and professionally dedicated agent and the agent as only a salesperson.

Mike Maida
Certified Court Mediator
Tallahassee, FL

Frank Pennachio
Oceanus Partners
St. Petersburg, FL


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