Adam Baron, a top Florida work injury attorney, explains Medical Benefits for work injury cases.
If you have been receiving workers’ compensation medical treatment after an injury, you may eventually receive a settlement offer from the insurance company.
Most people focus on the final dollar amount. Sometimes that settlement number can be very large. And some people rush to accept the settlement.
However, there is another question you should ask before agreeing to the settlement:
What happens to my medical benefits after I settle?
This is important because a workers’ compensation settlement can affect your right to have future injury-related medical expenses covered.
Workers’ Compensation Can Include Medical Benefits
Florida workers’ compensation is not limited to checks for lost wages.
An injured employee may also be entitled to medical care related to a compensable workplace injury.
Depending on the injury, treatment could include doctor visits, diagnostic testing, physical therapy, medication, injections, surgery, and other medically necessary care.
That can become particularly important when an injury is expected to cause problems for years to come.
Future Medical Treatment Can Be Difficult to Predict
Consider a roofing company employee in Jacksonville who suffers a serious back injury after falling from a ladder.
The worker has completed several months of physical therapy and is feeling somewhat better. However, the doctor believes the worker could require additional treatment in the future.
Now the insurance company offers a lump-sum settlement.
The amount may sound attractive. But what happens if the worker needs another round of treatment six months later?
What if the worker eventually needs an injection or surgery?
Those are questions that should be considered before settling.
Does a Settlement End Future Medical Benefits?
It can, depending on the terms of the settlement.
Florida law specifically provides for settlement agreements that can release an employer or insurance carrier from liability for future medical expenses and other workers’ compensation benefits.
The exact effect depends on the settlement agreement and the circumstances of the claim.
This is why an injured worker should never look only at the amount of the check.
You need to understand what rights you are giving up in exchange for that payment.
Why a Large Medical Expense Can Matter
Future medical treatment can become expensive.
A worker who expects only occasional follow-up visits may have a very different situation from someone who has been told that another surgery could eventually be necessary.
Even if you are not certain that future treatment will be required, you should understand what your doctor is saying about your condition.
Questions to ask include:
- Have I reached maximum medical improvement?
- Do I have permanent restrictions?
- Do I have an impairment rating?
- Will I need additional treatment?
- Is surgery a possibility?
- Will I need ongoing medication?
- What happens to future medical benefits if I settle?
Getting clear answers can help you understand the practical effect of a settlement.
Your Current Treatment Is Not the Whole Story
One mistake injured workers can make is looking only at the medical bills that have already been paid.
A workers’ compensation claim can involve future medical needs as well.
For example, a warehouse employee in Orlando may have already completed physical therapy for a shoulder injury. That does not necessarily mean the shoulder will never require additional treatment.
Similarly, a worker with a back or knee injury may continue to experience symptoms long after the initial treatment has ended.
A settlement should take the worker’s long-term situation into account.
What If You Have Medicare or Social Security Disability?
Other benefits can also make a workers’ compensation settlement more complicated.
If you receive Medicare or Social Security Disability benefits, there may be additional issues to consider when settling a workers’ compensation claim.
This is one reason settlement agreements should be reviewed carefully rather than treated as a simple exchange of a check for a settled case.
Don’t Let the Settlement Amount Be the Only Question
A settlement offer of $30,000 may sound very different from an offer of $50,000.
But the higher number is not necessarily better if the settlement leaves you responsible for substantial future medical expenses that you expected workers’ compensation to cover.
The important question is what the settlement means for you after settlement.
If you were injured at work, Adam Baron Law can review your workers’ compensation claim and help you understand the issues involved in a proposed settlement.
Before you sign a settlement agreement, make sure you know what happens to your medical benefits and what future expenses you may be responsible for.
Contact the Law Offices of Adam Baron, P.A. – we can review your situation and explain your options.
Contact us for a free, no-obligation case review. Call 954-247-4878.