Settling a Workers’ Compensation Claim

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Do you have questions about Settling a Workers’ Compensation Claim? Watch this educational video by Buffalo Workers Compensation AttorneyJerry A. Gambino for guidance. If you have questions about your work injury, contact us to schedule a consultation. Let our experience work for you.

  • Settling a workers compensation claim is very serious because you’re signing away your right to any future benefits or medical care. It is important to can understand that settling should not be taken lightly.
  • Many people think they can put their medical treatment through on their own insurance but private health insurance policies contain an exclusion which 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 would otherwise cover themselves. Once we set up a valid Medicare set-aside, 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 you know what you are doing – and risking – by signing off on your case.

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