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  1. #1
    Join Date
    Jun 2010
    Posts
    28

    Default Using Workers Comp Benefits While Living Overseas

    Question: Please help ... Can I/w's use /transfer there W/c medical/care over sea's/out of country?
    When speaking /asking about Over-sea's ''Out of Country '', I Mean a ''non'' us Territory?

    P.S ''YES'' this is a serious question............

    MY principal /primary concerns are transferring ''W/c ''Medical Care overseas.............

    ''OTR DVR''
    Last edited by clark k; 09-29-2010 at 12:08 PM. Reason: Add on

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Expats Over-Sea's. Transferring /Using/Receiving W/C Medical Care

    There is difficulty.
    One, for PD indemnity, you have a problem with banks and access to funds
    Two, the ER/IC is not required to send the checks overseas with any guarantee of no delay...mail, deposit/access to funds etc.

    Three... medical care would be out of your pocket, and subject to U.S. state WC rules. You may or may not be reimbursed, timely or if ever.

    Basically, you would not be ''transfering'' benefits under the claim, but paying out of pocket, and requesting reimbursement.
    All the above would be in a stipulated resolution or finding by a judge.

    If the claim is still open... not a good idea on any thought basis.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Expats Over-Sea's. Transferring /Using/Receiving W/C Medical Care

    my ATTY'S office told/stated 2 me that I have future medical for ''Life'' so this is why I'm asking about using/transferring it ''Out of Country''
    You have future medical in Texas... your ER/IC is not responsible for chasing you around the globe to provide medical care.

    Even Medicare will NOT cover you outside the boundries of the U.S. Not even in Canada.
    And, when/if you take your SSA normal retirement benefit outside the U.S... you could be subject to a reduction in benefit rate.

    Everyone is of course free to travel the globe... you just can't take all the social benefits or entitlements of the U.S. with you.
    I think....I can use my W/c in a U.S. territory,
    No, not necessarily.
    U.S. Territorys may have a WC system, but they are not required to comform to the TX WC Act. You would likely pay out of pocket, and request reimbursement for your covered services. Not any/all medical care is provided or covered under a FMC award, regardless of the state.

  4. #4
    Join Date
    Jan 2009
    Posts
    205

    Default Re: Expats Over-Sea's. Transferring /Using/Receiving W/C Medical Care

    Additional information may be found by searching "U.S. Embassey...(wherever you are interested). In my case, "U.S. Embassey Manila", was very informative. All the best.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Expats Over-Sea's. Transferring /Using/Receiving W/C Medical Care

    There are lots of people with WC future medical and/or indemnity payments.
    WC is a state mandate however, not federal.
    The ER/IC is not required to chase a IW all over the globe to pay benefits.
    Dr outside the US are not subject to the WC mandates of your state, they do not have to participate in the process, especially the prior authorization or UR/Utilization Review for medical necessity.

    If you see Medicare denying coverage outside the US, why would WC, your ER/IC be different ?
    The carrier is not required to send a indemnity or wage replacement check outside the U.S.
    They are not required to provide medical care outside the U.S.
    It's just that simple. You would have to pay out of pocket for medical care... and hope to be reimbursed. There is no guarantee of that evern

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Expats Over-Sea's. Transferring /Using/Receiving W/C Medical Care

    Question :BvIA Would you agree that it ''can be done...!
    No. I don't believe you are going to be able to transfer your WC benefits out of the U.S.
    Keep this in mind... you/IW is not the insured party. You are simply a receipient of the benefits mandated under the WC rules. Your ER is the insured party. When a IC is paying the claim, the IC becomes the "employer" for the duration of the claim.

    You move out of the U.S., and you're on your own. If you have to come back for hearings in an unresolved claim, you pay.
    When you need treatment, you find it on your own. The carrier is under no obligation to you once you leave the country.

    Don't know what "plan D" is... but IMHO, you are spinning your wheels here... and spending too much time trying to manipulate the system.

    Just like moving out of state, the ER/IC is under no obligation to assist in VR or job search. You are voluntarily removing yourself from the job market in your residence state. The same would go for leaving the country.

    A future medical award in a WC claim resolution only means you have access to medical care that is "reasonable and necessary on an industrial basis, to cure or relieve from the effects of your injury", at the cost of your ER/IC. There is nothing that provides for taking that access out of the U.S.

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