The reason for a Medical Set-Aside (MSA) is to prevent a double recovery. Simply, the federal government, through its Medicare program, believes that your worker’s compensation benefits are the primary source for payment of worker related injury expenses. Medicare wants to make sure injured workers are not paid twice, once by Workers’ Compensation carrier and once by Medicare. Medicare is supposed to be used when the Worker’s Compensation does not pay for the injured’s medical bills.
Medicare requires a Medicare Set-Aside Report, in cases with enough anticipated medical bills, to be prepared. The money that is calculated for future medical is then supposed to be put into a special account called a WCMSA (Workers’ Compensation Medical Set-Aside Arrangement). The money in this account is supposed to be used for medical bills only and just medical bills that are related to the work injury. Only when the money in the WCMSA is fully spent, can a worker then ask Medicare to step in and pay the bills for the injured worker.
There are different and complicated ways to fund these accounts such as through lump sum payments or annuities that an experienced Virginia and North Carolina Worker’s Compensation lawyer will explain. Know that the money for WCMSA only covers money Medicare would pay if the injury was not work related. If for example, a worker requires long term care, otherwise known as attendant care, that Medicare doesn’t normally cover, then the worker needs to be sure there is separate money put aside, as part of any settlement, to cover the long term future care.
North Carolina and Virginia Workers’ Compensation Lawyer Joe Miller Knows About MSA’s.
You only get one full recovery. Attorney Joe Miller has been advocating for clients for over 25 years. He knows how to maximize your benefits. This requires knowledge of State Workers Compensation Laws and the requirements of the Federal Medicare Laws as well. Contact Attorney Joe Miller at 888-694-1671 to discuss your case, email him at jmiller@joemillerinjurylaw.com or complete the online contact form.
