Resolving a Workplace Accident Claim Through Arbitration

When you file a workplace accident claim, you and your attorney work with the other party's insurance provider to reach a fair settlement that provides you with adequate monetary compensation to cover your damages as a result of the accident. Ideally, this issue is resolved quickly and with little conflict. In many cases, however, a workplace accident claim does not progress ideally.

If you cannot reach a fair settlement with the other party involved in your workplace accident claim, you have the option to bring your case to court to have it decided by a judge and jury. Going to court can be stressful, expensive, and time consuming. Because of this, many claimants are drawn to alternative dispute resolution.

Alternative dispute resolution describes a variety of methods, such as mediation and arbitration, that can be used to reach rulings on legal cases without going to court. Many insurance companies use arbitration as the go-to method of alternative dispute resolution.

With arbitration, the parties involved agree on an arbitrator, which is a third party that hears their dispute and determines its ruling. The arbitrator can be one person or a small group of people. The parties also decide whether to have a binding arbitration, which means that the arbitrator's ruling is final, or a non-binding arbitration, which means that either party can opt to file a lawsuit if they do not agree with the outcome of the arbitration.

During the arbitration process, representatives for both parties meet with the arbitrator. The claimant's representative makes his or her opening statement, which is a brief synopsis of the details of the case. The other party's representative may follow this with an opening statement of their own, but this is not required.

After the opening statement, the claimant provides his or her evidence for the claim. This includes all documentation related to the accident such as photographs and his or her medical record. Following this, the other party's representative may ask the claimant questions about the claim and provide the arbitrator with documents to support the insurance provider's opposition to the amount the claimant is seeking. After this, each party makes their closing remarks. The arbitrator may ask for additional documentation from either party, which should be submitted as soon as possible. The arbitrator then makes their own closing remarks, which ends the hearing. Within two weeks, the parties receive the arbitrator's decision.

If you cannot resolve your workplace accident claim with the other party's insurance provider, consider resolving it through arbitration. Our team of experienced San Jose workplace accident attorneys at Corsiglia, McMahon & Allard, L.L.P. can discuss this possibility with you and determine whether it is the right choice for you and your claim. Contact our firm today to set up your initial legal consultation with us. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Alternative Dispute Resolution