Medicare and Settling a Worker’s Comp Case
If you are on Medicare, or expect to become so in the next couple years, it can prove very difficult to settle a worker’s comp case. Medicare will want a piece of any settlement if you are under their coverage. This piece of the settlement is set aside for future medical expenses, and the Medicare Set-Aside is determined by the specific facts of your case (type of injury, your age and life expectancy, possible future medical costs, etc.) They will also go through any procedures that could have conceivably been covered by worker’s comp and will want reimbursement for those as well. It is wise to consider settling your case before you become eligible for Medicare, to avoid many of the hoops Medicare will make you jump through.
You still need to consider Medicare’s interests if you are not yet on Medicare, but that is much easier to accomplish than when you are actually on Medicare and Medicare will insist on approving the settlement.
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