Protect Your Medicare Benefits and Rights

Baton Rouge Medicare Lawyer

What You Need to Know about Your Medicare Benefits

As discussed in the Social Security section, many times an injured work seeks Social Security benefits after they are hurt. This can sometimes result in the injured worker becoming eligible for Medicare.

Medicare eligibility in and of itself is usually not much of an issue before settlement, as long as Medicare does not pay for medical expenses associated with the work accident. All work accident medical care should be paid for by the workers’ compensation insurance company.

However if you are Medicare eligible, or soon could be, any lump sum settlement of your workers’ compensation benefits will almost always have to consider Medicare’s interests. Medicare always considers itself a secondary source for coverage if some other insurance source is available. A workers’ compensation insurer is a primary insurer and Medicare will not pay for medical care that was or is the responsibility of the workers’ compensation carrier. Medicare does not become primary just because you settle your workers’ compensation case.

Protecting Your Medicare Rights

If you settle your workers’ compensation case and then try to get Medicare to pay for treatment related to your work injury, Medicare may refuse to pay, leaving you without healthcare coverage for your work injuries.

Fortunately, there are strategies available to help protect your Medicare rights. These include:

  • Professional life care planning
  • Medicare Set Aside arrangements
  • Other practical tools to deal with these issues

It is extremely risky to settle a workers’ compensation case for a lump sum if you can reasonably expect to be eligible for Medicare, without addressing these issues.

Call our Baton Rouge workers’ compensation attorney at (855) 973-1098!

We Go Above and Beyond. Your Experience is Very Important.

  • “He turned an awful situation into a good experience.”

    Dee B.

  • “The respect Mr. David and his staff shows you and your family in one of the worst times you can have in life, speaks volumes about his character.”

    Clay Y.

  • “He takes alot of time out with his clients to give his undivided attention when handling your case.”

    Engra M.

  • “He always kept me in the loop about the progress of my case.”

    Benjamin S.

What J. David Smith, Attorney at Law Can Do for You

  1. Handles all communication with your employer and the insurance company right away
  2. Trusted by other law firms in our area and we often get referrals from other attorneys
  3. Named as one of the top 100 Injured Workers’ Advocates nationally by WILG
  4. Serves as Bar Examiner for the Louisiana Supreme Court’s Committee on Bar Admissions
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