LIT LOVE |
05-22-2012 07:15 AM |
Quote:
Originally Posted by AS7873
(Post 878977)
Does anyone know if you can get future medical coverage on an injury longer than a year. Was told I could only get it for a year and that if I try to go for future medical coverage for life that it will be tough to get. Just wanted to know if anyone has gone down this road and was able to get this.
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WC is based on state law, not federal. In CA, it is not at all uncommon to receive medical for life if you have a severe issue. Many attorney's discourage clients from taking medical benefits for life, because (at least in CA) you can't get a lump settlement on only the "wages" portion. You either choose a small monthly check and ongoing medical (attorney's commission based only on wages this way) or they have an actuary determine your monthly wages, plus future medical, subtract a huge discount off the top (then an attorney is commissioned on your full offer, including medical.) Every doc in the WC system that I've spoken to in CA has stated that taking the lump settlement is very short sighted and a very bad financial decision for the injured worker.
Not every state will work that way. Some may have protections that limit what an attorney's commission will be, or even a maximum cap in total benefits.
Medicare often requires the "medical" portion of the settlement to be put aside in a special account, and I believe this can happen even if you're not currently receiving SSI/SSDI, to prevent people from then turning to public resources (called double dipping).
If the publisher NOLO offers a WC book specific to your state, it is worth purchasing a copy or checking with your local library.
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