Ohio Worker's Compensation - Help For Injured Ohio Workers

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  1. #1
    Join Date
    Feb 2012
    Posts
    282

    Default How Does Going on Medicare Affect Worker's Comp Benefits

    Kneebow here,
    I will be put on medicare soon because I am on ssdi for just about two years. How will this affect my w/c claim? Are there anything I will need to know about w/c and medicare, do they work together somehow? I have not reached MMI and I am still under doctors care.
    Is there anything I will need to do, as I have not settled my case nor are there any signs that it will be settled anytime in the future?
    My injuries have left me with some permanant restrictions along with difficulties that will prevent me from ever finding employment.
    As I am a liability and no employer in there right mind would hire me knowing my restrictions and my age.

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,049

    Default Re: Medicare

    They don't work together. If you settle your comp case you will have to have a MSA. Otherwise just try to make sure Medicare does not pay for any of your comp meds, as that will create complications for you.
    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

  3. #3
    Join Date
    Feb 2012
    Posts
    282

    Default Re: Medicare

    Kneebow here,
    Thank you, I appreciate your reply.

  4. #4
    Join Date
    Feb 2013
    Location
    Columbus, Ohio
    Posts
    27

    Default Re: Medicare

    Also, remember that BWC is "primary" coverage for your work related injury. Medicare will pay for anything unrelated. BWC pays 100% whereas Medicare may not. The only time that this can get complicated is if you decide to settle your BWC claim. Medicare does not want you to settle and submit what was previously your BWC bills through them. Therefore, as complwyr has indicated, you will have to establish an MSA "medicare set-aside" trust. This is really nothing more than a bank account that you use strictly to "self-insure" your work related injury expenses.

    There are certain parameters to when you need to obtain prior approval of Medicare before agreeing on the size of the MSA. The good news is, if you involve Medicare during your settlement negotiations, and the amount proves insufficient, Medicare will agree to provide coverage when (and if) you exhaust to proceeds of your MSA.

  5. #5
    Join Date
    Feb 2012
    Posts
    282

    Default Re: Medicare

    Kneebow here,
    Thank you for this information. I really do appreciate it.

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