Protect Your Medicare Benefits and Rights

Baton Rouge Medicare Lawyer

What You Need to Know about Your Medicare Benefits in Louisiana

As discussed in the Social Security section, many times an injured worker 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.

Have questions regarding eligibility for Medicare through workers' compensation? Call our Baton Rouge medicare attorney today at (855) 973-1098 or contact us online to get started.

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.

What Is a Workers' Compensation Medicare Set-Aside Arrangements (WCMSA)?

A Worker’s Compensation Medicare Set-Aside Arrangement (WCMSA) is a financial agreement that sets aside a portion of a workers’ compensation settlement to pay for future medical bills for treatment of:

  • Injuries
  • Illness
  • Or disease related to the worker’s compensation injury

WCMSA amounts are determined case-by-case. The amount is determined by evaluating past medical treatment, current medical condition, the probability of future medical needs, as well as other factors. Understanding WCMSA can be complex.

Our attorneys are well-educated in WCMSA rules and regulations and can advise you in making the right decision for you.

Protecting Your Medicare Rights in Baton Rouge, LA

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.

Are you seeking Medicare to pay for treatment as part of a worker's compensation case? Call our Baton Rouge Medicare lawyer at (855) 973-1098 or contact us online today!

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

  • “It’s been a tough 4 year stretch that he led, guided, and directed 100%.”

    Jay H.

  • “He is very caring about his client's.”

    Kathy R.

  • “He took very good care of me.”

    Bradley S.

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

    Engra M.

  • “So thankful for Mr. David for getting everything fixed top notch.”

    Jay M.

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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