Those who work in fields such as construction, plumbing, manufacturing, transportation, and medicine are exposed to hazards on a daily basis, and any one of these dangerous conditions could imperil a worker’s life, health, and safety if something goes awry. Workers’ compensation was developed and implemented in order to protect workers in these industries as they recover from their injuries, but the otherwise helpful program is not without its drawbacks. In the video below, workers’ compensation attorney Jerry A. Gambino explains How To Settle a Workers Compensation Claim and the options that wounded workers have after a workplace accident and how to ensure that they can pay off their medical bills.
How To Settle a Workers Compensation Claim
Settling a workers’ compensation claim is serious because you are signing away your right to any future benefits or medical care. It is important to understand that settling should not be taken lightly. Many people think that they can put their medical treatment through on their own insurance, but private health insurance policies contain an exclusion that precludes a health insurance carrier from paying for treatment for a work-related injury.
You cannot assume that Medicare will pay for any treatment related to your injury. We are obligated to take some of the settlement funds from your workers’ compensation case and put them into a Medicare set-aside account, from which you pay for treatment related to your workers’ compensation claim. Medicare set-aside accounts are used only for treatment that Medicare itself would otherwise cover. Once we set up a valid Medicare set-aside account, and after those funds are depleted, you can put your medical treatment through Medicare. Never agree to a settlement without having your workers’ compensation lawyer involved because too many problems can occur. A Section 32 settlement requires you to sign many documents that may be reviewed in a hearing before a judge tasked with making sure that you know what you are doing—and risking—by signing off on your case.
Do you have questions about How To Settle a Workers Compensation Claim in New York? Contact our dedicated Buffalo worker’s compensation lawyers for guidance. Download Our Free Workers Compensation Guide
The law firm of Cole, Sorrentino, Hurley, Hewner & Gambino has been providing sound legal advice and representation in a variety of legal areas for more than 45 years. Let our experience work for you.