Preparing to Mediate Your Minnesota Workers Compensation Claim

Preparing to Mediate Your Minnesota Workers Compensation Claim

If you are going to mediate your Minnesota Workers Compensation case there are a few things you can do to increase your chances of receiving a good result.

1. Know your case. It is essential that you do as much as you can to understand your case and it’s strengths and weaknesses. Do not be afraid to ask your Work Comp lawyer to explain to you any part of your case you do not understand fully? Ask him why he is recommending a particular course of action or settlement demand. One of the most important jobs I have as a Work Comp Attorney is making sure my client understands the claim. You have been injured. Sometimes horrifically. But your life is going to continue and you are making decisions that will effect how it does. It is hard to make good decisions when you do not know what you are risking. You owe it to yourself and your family to understand your claim.

2. Be realistic about the value of your claim. Everyone reads about large settlements in personal injury cases. Clients who do not understand how work comp cases are paid out sometimes get visions of vast riches when they suffer an injury at work. And, while it is true that some horrible injuries resulting in Permanent Total Disability involve $100,000’s, most injuries involve people returning to work in some capacity. Most of these cases settle for well under $100,000. Certainly every case is different, but in most cases your MN work comp attorney can tell you the maximum amount your case is worth based on your PPD% and the amount of weeks of wage benefits you have left. Holding out for $1,000,000 on a case worth $65,000 is not going to attract the best offer from the employer insurer and will take a long time to finally get you any money.

3. You don’t have to settle.  A mediation is not a trial and the mediator is not the judge in your case. A mediator will not make any decisions about your case. In fact, statements made to the mediator during mediation are confidential. The mediators purpose is to facilitate settlement. Usually the opposing parties are in different rooms and the mediator goes back and forth pointing out strengths and weaknesses. At the end of the day, if the offer is not acceptable to you, the case proceeds to trial.

Mediation is often the best chance to settle your case. Follow these simple rules to make sure your mediation is successful. Feel free to call or visit us at


Chris Rosengren
Rosengren, Kohlmeyer & Hagen Law Office Chtd.
Mankato, Minnesota


Workers' Compensation