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  1. #1
    Join Date
    May 2011
    Posts
    34

    Default Will Insurers Settle Medical to Avoid Lifetime Payments

    Once the 500 week has expired, is it common for a insurer to offer to settle medical so they don't have to pay through out the life time of a IW. If so a cash incentive would have to be in play. Has anyone had any experience with this.

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,080

    Default Re: Just Curious

    So long as there is an entitlement to any form of benefits, the IC has an incentive to try to settle to eliminate their liability. Obviously though, the lower the potential liability, the less they will be willing to offer. Since there is no cap on temporary total disability benefits, continuing to receive these benefits does not have much, if any, impact on settlement value in most cases. For an injured worker who has started to receive their 500 weeks of partial disability benefits, every check reduces their total settlement value. Therefore, such an injured worker should seriously consider whether or not they wish to settle their case when their value is higher to receive more money or continue to receive ongoing benefits. There is a certain level of security in the ongoing benefits, but there is only so much that can be done with the ongoing indemnity checks. On the other hand, the lump sum ends benefits, but the larger amount provides options that would not otherwise be available.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Just Curious

    Probably. The best claim for a carrier, is a closed claim.
    There would be little incentive to cash out PPD indemnity and leave the medical open.
    It's not always in the best interest of the IW to cash out the medical in a comp claim... you are agreeing to assume full liability for your injury, paying out of your pocket for any additional treatment necessary.

    Consult a competant WC attorney before you make any decisions.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,838

    Default Re: Just Curious

    Settling future medical is partly dependent on how much medical you have been using recently, and what the doctors say you may need in the future. Here in NC we rarely see substantial future medical settlements unless someone needs chronic ongoing care in a catastrophic injury case.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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