The Medicare Set Aside
In another volume, I set out some generalities about “Medicare set asides”. In a worker’s compensation settlement, the insurance carrier may insist that funds be “set aside” for purposes of future medical care for a worker’s compensation injury. Indeed, the injured worker, his or her attorney, the WCC, or all four may want to create such a fund. While Medicare says it does not even review relatively small settlements of less than $250,000 for younger individuals not on Medicare, personal injury and accident lawyers in Baltimore MD that do the work know the reality is quite different. The premise for the concept is to prevent Medicare abuse [e.g. settling a workers’ compensation case, applying for social security, and letting Medicare pay for the workers’ compensation case down the road]. We all pay taxes, so we can all agree this is a good thing. Personal injury and accident lawyers in Baltimore MD have seen the reality faced by many relatively young injured workers is that a carrier will only settle their case with them, so long as a substantial portion, sometimes all, is “set aside” to be used, if at all, only for future medical care.
-This Article was updated by Eric Kirk on 12/20/19.