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  1. #1
    Join Date
    Sep 2021
    Posts
    1

    Default The Insurance Company Doesn't Want to Settle

    My workers compensation claim was made in the State of: New York


    Hi:

    I was injured in 2005, having resulted from am 'on the job' accident.
    Now, in 2021, as I have 'medical' for life, It is my decision to not
    want the coverage anymore and just settle out with the insurance
    company. But they don't want to settle. Can anyone give me any
    idea why they don't want to settle? Thanks,

    Tony

  2. #2
    Join Date
    May 2010
    Posts
    630

    Default Re: The Insurance Company Doesn't Want to Settle

    Quote Quoting beigleT View Post
    My workers compensation claim was made in the State of: New York


    Hi:

    I was injured in 2005, having resulted from am 'on the job' accident.
    Now, in 2021, as I have 'medical' for life, It is my decision to not
    want the coverage anymore and just settle out with the insurance
    company. But they don't want to settle. Can anyone give me any
    idea why they don't want to settle? Thanks,

    Tony
    They can do anything they want....If we knew a little background maybe it would be clearer?....Why do you not want to be covered anymore for your injury?........What does your attorny say about this?

  3. #3
    Join Date
    Oct 2021
    Location
    Illinois
    Posts
    3

    Default Re: The Insurance Company Doesn't Want to Settle

    I know with mine its over 10 years and my MS is high and you can't just say no SS will not allow it

  4. #4
    Join Date
    May 2010
    Posts
    630

    Default Re: The Insurance Company Doesn't Want to Settle

    Quote Quoting Waytolong View Post
    I know with mine its over 10 years and my MS is high and you can't just say no SS will not allow it
    Could you please explain better, I have no idea what your trying to say about Social Security? You can be on WC and SS at the same time, its just the 80% rule.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,817

    Default Re: The Insurance Company Doesn't Want to Settle

    You cannot make the insurance company settle with you. No one is required to settle. The issue of protecting Medicare's interests is probably a sticking point with them. If you are still getting treatment, then a potentially large MSA (Medicare Set Aside) account would need to be funded in order to settle. That might be a deal-breaker for them.

    Usually, the insurance company will settle if there is some way that they think they can save some money by doing so.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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