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  1. #1
    Join Date
    Jan 2007

    Default Should I Accept the First Medical Settlement Offer

    My workers compensation claim was made in the State of: Kentucky

    My workers comp insurance Co wants to settle the medical, but I'm not sure what to do.
    Should I take the first offer, Or can I counter?
    The first part of the settlement is, they want to set up a medical set aside account, that will be handled by a separate company, that will handle the financials with my Medicare.
    After it has been set up, they will deposit money every year, for 13 years, at which time the account will no longer receive funds, and will be closed when fully depleted, at which time Medicare would pay for future medical.
    If I die, the money would go back to the insurance Co.
    The second part of the settlement is a lump sum, that I can use for whatever I want. It's mainly to cover out of pocket costs for medicine, post op items, orthodontics, etc... not covered by Medicare.
    Do workers comp medical settlements fall under a standard? Or can the settlement offer be countered?
    I can see this being a good thing for me, because it'll take away the restrictions the insurance Co puts on my treatments, and will put me in the driver seat.
    But I don't want to feel like they low balled me, and gave me much less than I could've gotten.
    I'm not being greedy, just cautious for the future.

    And please don't tell me to get a lawyer. My workers comp lawyer took me for over $13,000, showed up 2 hours late to my final hearing, and couldn't remember my name...
    To me, this is pretty cut and dry. I'm just not sure what a fair settlement amount would be, or if I can even counter...

  2. #2
    Join Date
    Oct 1971

    Default Re: Should I Accept the First Medical Settlement Offer

    To me, this is pretty cut and dry. I'm just not sure what a fair settlement amount would be, or if I can even counter...
    That's like saying building a house is cut and dry, I just don't know how to read blue prints or use a saw.

    Deciding whether to counter and calculating the settlement is exactly why people need a lawyer, it's a complicated process - there's nothing "cut and dry" about it.
    You can counter offer if you have a basis, you'll need to do a complete evaluation of your medical and come up with a credible figure.
    Unless you're capable of doing the hard work, you should take the offer or refuse if you have a hunch its unfair.

    And please don't tell me to get a lawyer.
    That's weird coming from someone who's advising others to consult a lawyer.
    See, right here you said "You really need to consult a local lawyer"

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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