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Settling Your Claim Workers' compensation provides payments as needed for lost wages and lifetime medical care for an injury or illness But you and the insurance company can agree to permanently close your claim in exchange for one lump sum payment or an annual payment This is known as settling the claim with a section 32 waiver It's a waiver because you are waiving your righto future compensation in exchange for this payment today Because a workers'compensation claim can pay both lost wages and medical care we'll review how section 32 waiver affects both of these You can settle one and keep the other open, so you get benefits the same way you do today, or you can close Botha's up to you and the insurance company What parts of a claim can be permanently closed First let's talk about the lost wages You can take one lump sum payment for your future lost wages or receive an annual payment The amount is whatever you your lawyer and the insurance company agree upon it is subject to negotiation and like all workers' compensation it's tax-free But remember it's the last workers' compensation payment you'll receive for lost wages due to your injury Medical care If you choose to end your medical care coverage through a section 32 waiver the insurance company will never pay for your medical care again You will receive a one-time lump sum payment You may need to set money aside from the lump sum payment in a special account today for future medical treatment for your workers' compensation injury Medicare set-asides Choosing to end your medical care coverage to a section 32 waiver may affect your right to Medicare benefits in the future When settling a workers' compensation claim the parties must take into account Medicare's interests This is most often done besetting up a Medicare set-aside account out of the proceeds of the section 32waivers settlement which will be used to pay for future medical treatment for your workers' compensation injury Failing to take into account Medicare's interest when you settle your claim can result in Medicare refusing to pay for treatment for your workers' compensation injury Check with Medicare to learn your right sand responsibilities Because Medicare is a federal program the Workers'Compensation Board has no jurisdiction over it What happens if I spend all the settlement money for my medical care After you spend your settlement payment designated to cover your medical care such as out of an MSA you can pay forbear either through Medicare or out of pocket To be eligible for Medicare you must either meet the age requirement or be receiving social security disability insurance Check with Medicare to learn your rights Because it's a federal program the Workers' Compensation Board has no jurisdiction over it If medicare is not an option you must pay for future care out of pocket Health insurance does not cover the cost of work related conditions, so health insurance will not cover the cost of your care even if bought through...
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