I am not a lawyer.

I am also looking at settling with WC but not for RSD. I hope I am able to answer a few of your questions.

If your RSD is work related and being treated by WC, then I WOULD NOT SETTLE the medical portion of your claim. Your personal health insurance WILL NOT cover anything that is workers comp related even after you settle.

The cost to treat RSD over your life time could possibly be in the hundreds of thousands of dollars and if you settle the medical portion of your claim, then all of that expense will come out of your pocket and you will not even come close to settling your workers comp claim for that amount. You will receive a set amount from WC depending on your MMI Rating. And also remember, that your RSD can spread to other parts of your body and then you will have even more costs of doctor visits and meds.

I personal think it will be a huge mistake to settle your medical portion of your WC CLaim if you have RSD.

If you do settle your Medical Portion you most likely will have to have a Medicare set aside. WHich means Medicare will also look at your WC case and they will determine an amount that will need to be into an account to only be used for the RSD (if that is what the WC case is for) bills such as doctors, meds and such. Medicare wants there interests to be protected because at some time in the future you will be able to get medicare and they will not want to pay for all of your RSD Issues. That is why they will want a Medicare set aside and once you use that money up, keep receipts and all, then medicare will pick up the tab. It is advisable to speak to your lawyer if you are wanting to settle your medical portion and have Medicare go ahead and look at your case to see what set aside they will want. It can take medicare a few months to get the amount of set aside you will need if you close the medical portion of your claim, so its best to have your lawyer get onto that months before you settle. Or else you will have to wait extra months for medicare to make their decision.

An example: If you settle for $25,000 and Medicare set aside is $25,000, then you may end up with $0

Even if you leave Medical open, you will have the same issue's getting medical approved as you do know. It wont make anything any faster.


From what I have read, the difference in a lump sum and structured settlement is a lump sum is in today's dollars so it would be less money. Structured Settlement gets paid out monthly/yearly till the funds are exhausted. In the long run, a structured settlement will pay out more as it will sit in an interest bearing account while it is being paid out. And the insurance company will pay out more in a structured settlement as they are not paying out 1 large sum at 1 time, but in several smaller sums for a set amount.


Again, I am not a lawyer, but I am going through the process and hopefully settle by the end of next month.

I hope it helps.


Again, if RSD is your industrial accident and is the reason for your claim for WC, then I WOULD NOT SETTLE my medical portion unless you can afford to pay all the medical out of your pocket for all your treatments, meds and so on for RSD. As your personal health insurance WILL NOT cover it.