Michigan workers comp lawyer explains the reasons why some settlements get delayed and how you can speed up the process.
Most people who decide to settle their workers comp case want their money as soon as possible. This is because many of them have not had any income since their injury and are in financial distress. We understand and want to provide you with some helpful information that can help protect your interests.
A workers comp settlement can usually be completed very quickly. You simply need to appear before a magistrate and ask for your settlement to be approved. This is called a redemption hearing. Here are the most common reasons why your workers comp settlement will be delayed.
It is common to appear for a redemption hearing and find out that some of your medical bills have not been paid. It is very important to keep track of your medical bills and make sure that they are included in your settlement. Some medical providers file liens and the magistrate will not approve your settlement unless payment is arranged.
Health Insurance Paid
If your medical care has been disputed by workers comp, you can sometimes have your own health insurance make payment. Your health insurance company may assert a lien against any settlement that you recover from workers comp. It is important to make sure that any liens are addressed before you try to settle your workers comp case. Health insurance companies will often negotiate and take far less than what they are claiming.
Medicaid is an insurance program that provides medical assistance to individuals with low income and limited assets. It is possible for Medicaid to pay some of your medical bills if workers comp has disputed your claim. You should contact Medicaid several weeks prior to your settlement and confirm that they are not seeking reimbursement.
Medicare is a form of health insurance provided by the Federal Government for people who are disabled. You will be eligible for Medicare if approved for Social Security Disability. Medicare is considered the secondary payer and must be reimbursed for any bills that should have been paid by workers comp. You are also required to consider Medicare’s interests and when appropriate set-aside some of your workers comp settlement for future medical care. The process of obtaining reimbursement and set-aside information can take months and should be started before you settle your workers comp case.
Friend of the Court
You will need to contact friend of the court if you are under an order to pay child or spousal support. The law allows friend of the court to take up to half of your net settlement to pay for any arrearages or for future payments. A workers comp magistrate will not approve your settlement unless you get consent from friend of the court.
How to get help
An experienced workers comp lawyer can help you resolve these issues so you can get your settlement faster.
Call (855) 221-2667 to speak with one of our workers comp lawyers. There is no obligation and no fee unless workers comp benefits are recovered for you.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to review a case.
– Photo courtesy of Creative Commons, by pbyrne.