Another advantage of settling the medical portion of your claim is that you are in control of your medical needs and can schedule doctor appointments or procedures when you see fit. If you settle the claim, you can choose or change your physicians. However, if you have severe and complicated work-related injuries , you may not want to settle the medical portion of the claim because you can be entitled to medical benefits for your accident for the rest of your life.
Some injuries are too complicated to take the risk that you will not have enough money through a settlement to meet your medical needs. Medicare is a secondary payor, which means that Medicare should not pay for medical expenses if they are the responsibility of someone else, such as your employer or insurer.
You can settle your medical expenses if you have a Medicare set-aside to cover future Medicare-covered medical expenses. If coordinated properly, Medicare will pay for future work-related medical treatment if your WCMSA account is ever depleted. Medicare will pay for work-related medical treatment once the MSA account is exhausted until the next annuity payment is made.
Medicare beneficiaries who are considering a settlement should have the CMS review the settlement before the case is closed to ensure the settlement accounts for Medicare-covered expenses. Such a review will make sure your settlement complies with the law and ensures that Medicare will cover your expenses if your medical condition changes and you lack sufficient WCMSA funds. In many states, workers compensation payments may reduce the monthly amount of your Social Security disability benefits.
There are ways to minimize this offset. Before calculating your settlement amount, Social Security deducts legal fees, dependent payments, rehabilitation costs and past or future medical expenses. Special language can be placed in the settlement documents that prorate the settlement over your life expectancy, which can reduce or eliminate the Social Security disability offset. Obviously, workers compensation issues are complicated, and unless the amount of money involved is trivial, getting legal advice is a very good idea.
His recent focus has been personal finance advice and now, workers compensation. George can be reached at gmorris workerscompensationexperts. Disclaimer: Workers Compensation Experts is not a law firm or lawyer referral service. The content and materials presented on this site are for informational purposes only. We do not provide legal advice, and no communication between you and Workers Compensation Experts should be considered legal advice. No attorney-client relationship will be formed by the use of the site.
Also, you are going to live with the effects of your injury for the rest of your life. Their knowledge could be invaluable to you. You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.
If you have questions, I would recommend that you try to get answers. To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article. Jason Perkins is an attorney who specializes in representing injured workers. The information contained on this web site is provided for informational purposes only and not legal advice. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney.
The transmission of an email request for information does not create an attorney — client relationship. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. Here are two things that are usually important to do before you settle your case: Get the medical treatment you need You need to get the medical treatment you need to know how you will recover from your injury.
Here are some of the questions that you may have: Are you going to be able to go back to work? If so, will it be at a job that pays you as much as you made before?
If you think you will be able to go back to work, how long is it going to take you to find a job? Are you going to need more medical treatment in the future surgery, injections, medications, etc. If so, how much is that medical treatment likely to cost?
What if I have other questions about workers compensation? Private mediation sessions last longer, usually hours, because there are moving parts that need to be settled.
In most states, mediation is mandatory. The trial in a workers compensation case looks and acts very much like the court room scenes you see on TV or in a movie with one very notable exception: There is no jury! All the testimony, depositions and arguments are made to the presiding judge, who ultimately rules in favor of one side or the other.
Lawyers for each side call their own witnesses, argue the merits of their case and are permitted to cross-examine witnesses and testimony from the other side. The questions in a workers compensation trial usually are meant to challenge the authority of expert witnesses provided by one side or the other. If a worker is called upon, it usually is to substantiate his claims or challenge them, depending on which side is asking the question.
The judge also is permitted to question the worker and witnesses presented by either side, but usually only does so to clarify a statement of fact or time frame. If a case has been through mediation and not been resolved, there are reasons that neither side will budge. Since most of the cases involve a worker being denied benefits from a workers compensation claim, you can expect that both sides feel very strongly that they are right.
The judge ultimately must settle the matter and write an opinion that explains his ruling. Once, the judge has signed off on a decision — or agreed to the settlement that came from a mediation — the only thing left to do is check to see whether the fee the lawyer charged his client was reasonable and see whether the worker owed any child support money. If the worker is behind on child support payments, the judge will direct the insurance company to settle that before making any payments to the worker.
About the author Bill Fay Bill Fay has touched a lot of bases in his year career. He started as a sports writer, gaining national attention for work on college and professional sports. He had regular roles as an analyst on radio and television and later became a speech writer for a government agency. His most recent work is as an internet content marketing specialist. Bill can be reached at bfay workerscompensationexperts.
Disclaimer: Workers Compensation Experts is not a law firm or lawyer referral service. The content and materials presented on this site are for informational purposes only. We do not provide legal advice, and no communication between you and Workers Compensation Experts should be considered legal advice. No attorney-client relationship will be formed by the use of the site.
The information on this site may be considered a lawyer referral service in some states. For specific information related to your state, reference the Terms of Use. Use of our services are governed by our Terms of Use and Privacy Policy. Home Injury Settlement Negotiating a Settlement.
0コメント