Workers' Compensation ADR Programs

Workers' Comp Arbitration

Workers' compensation arbitration is an alternative dispute resolution (ADR) process where an arbitrator resolves disputes between employees and their employers over workers compensation claims. This process provides an alternative to the traditional court system for settling these disputes and can be less costly and time-consuming for all parties involved.

Arbitrator Selection

Arbitrators are chosen based on their expertise and experience in workers compensation law and can be retired judges, attorneys, or other professionals.

Initiating Arbitration

In collectively bargained workers' compensation ADR agreements, the arbitration process is typically initiated when a dispute remains unresolved after attempts are made to resolve it early in the ADR process with informal ADR methods such as negotiation, conciliation, and mediation.

Binding Decisions

In workers' compensation arbitration proceedings, an arbitrator hears the arguments and evidence from both sides of the dispute, considers relevant laws and regulations, and makes a formal decision on the case. The arbitrator's decision is binding and enforceable in the same way as a court order. Similar to the traditional court system, a party may be able to appeal the arbitrator’s decision pursuant to state law.