Are there advantages or disadvantages to taking a cash settlement for a Workers Comp future medical award?

Monday, November 30, 2009
By WcrAdmin

I have an award for future medical care on a California Workers Comp injury. Due to recent changes in the state laws I have to see the insurance company doctors. I’ve had 2 surgeries on my shoulder and it still isn’t right. I recently saw one of their docs due to numbness in my shoulder & arm. He completely brushed me off without doing anything. My attorney told me I can request a second opinion, then a third opinion then a QME. But I probably would not get anyone to do anything. I was also told by my attorney that since the state changes I may have to take a cash settlement. Any legal opinions on this?

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2 Responses to “Are there advantages or disadvantages to taking a cash settlement for a Workers Comp future medical award?”

  1. Legal? No, but practical. If they give you a cash settlement, you need to NOT spend it on anything except future medical bills. Most people have a hard time with that.

    AND, if your future medical bills exceed how much you were given with the cash settlement, you’re SOL. You’ll have to pay the rest of the bills on your own.

    Which makes it a not quite so good deal for you, the injured party – unless you DON’T need as much medical care in the long run, then it’s money in your pocket.

    See, it’s a gamble. And the attorney is going to take 30% of the settlement. THAT means, you can pay that 30% to your medical providers, most likely, later on down the road.

    #11059
  2. Attorneys in Calif DO NOT take 30% of a WC settlement. If you take
    a lump sum for the medical, you pay out of pocket for your injury
    treatment. If you have a future medical award, your claim has been
    settled. You’ve been rated for PD and the indemnity is either being
    paid, or already paid out. You are subject to the new MPN/medical
    provider network rules…not all of what you are understanding
    however is correct. There are specific processes to go through
    where there is a denial to a requested medical treatment by your
    PTP… changing PTP is not necessarily one of those options. Get
    your ‘legal’ answers from your attorney…not a message -board. If
    you don’t trust what your atty is telling you… go pro per and
    handle this on your own. Why are you second guessing the advise
    your atty is handing you ?

    #11772

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