Michigan lawyer discusses a workers’ compensation future medical settlement and how to ensure maximum recovery.
We are frequently asked about a Michigan workers’ compensation settlement and future medical costs and how much a disabled employee can expect to receive. There is no fixed settlement amount because every situation is different. Insurance companies generally pay out based upon future medical exposure. Here are some issues to think about when considering settling of a on the job injury claim in Michigan.
Legal rights for a work related injury in Michigan
Michigan law protects individuals hurt on-the-job. It requires employers to provide medical treatment for employees who are suffering from a workplace injury. This includes emergency room visits, hospital stays, surgery, doctor appointments, medical equipment, physical therapy, prescriptions, attendant care, and even mileage to and from appointments. These items should be covered 100% without any copays or deductibles owed. Disabled employees can even choose their own medical providers after 28 days.
Pros and cons
Many of our clients find that a workers’ compensation settlement with future medical costs included to be in their best interests. It gives them a chance to get away from the insurance company and receive treatment without interference or delay. Money can be spent in any way they see fit. Unfortunately, this also means they are on their own should medical costs add up to more than expected. It is not possible to go back for additional money if the case has been settled.
Negotiate a workers’ compensation settlement for future medical benefits
When it comes to a workers compensation settlement and future medical costs, it is important to speak with a doctor before negotiating an offer.
Insurance companies know exactly how much a medical item should cost. Low ball settlement offers are frequently made to individuals who might not understand their situation.
An experienced work injury lawyer will be able to use this information to argue for a higher settlement amount. Sometimes a lawyer will hire a consultant to create a medical life care plan and this can significantly raise settlement value.
What to do about unpaid medical bills
Insurance companies frequently dispute medical bills. Settlement allows an individual to pay off this debt and start a fresh life. Michigan law requires medical providers accept payment under a fee schedule. An experienced work injury lawyer can negotiate with creditors and get medical bills paid for pennies on the dollar.
Using health insurance for medical treatment
It is important to ensure that with any workers’ compensation settlement that future medical treatment is paid. We recommend setting enough money aside from the settlement so that future medical treatment is not an issue. Health insurance will typically cover preexisting conditions if a claim has been disputed. Individuals on Medicare should also consider a formal set-aside to protect future entitlement. Watch out for potential liens on settlement from these payers.
Redemption hearing approval
Payouts must be approved at a redemption hearing and there is a 15-day appeal period. The magistrate will determine if settlement is appropriate based upon the facts and medical presented. It is possible to waive the 15-day appeal period and have the settlement check mailed immediately. An experienced lawyer will make sure that any settlement is approved without delay.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.