How Can Medicare Affect a Personal Injury Settlement?
The population of Medicare recipients is expected to grow at a rapid pace. As one advance in age, the risk of injury sadly increases.
As much as we can try, avoiding getting hurt can be impossible. Older people tend to have hormonal fluctuations and lifestyle changes that lead to weaker bone and muscle mass. Combine this with an environment that is not completely safe, and an unintentional fall and injury is more likely to happen.
According to the CDC, unintentional falls are the top leading cause of non-fatal injury. Once a fall happens, the repercussions can have a lasting effect on health. So what can you do?
Get a personal injury lawyer
If a fall was due to someone else’s negligence, then consider contacting a lawyer to establish liability and bring your case forward. The many personal injury settlements Ontario sees are always an option for gaining the restitution that you deserve after an injury due to a fall or any other reason.
The experience that a personal injury lawyer brings to the table is well worth it. They’ll do a thorough and professional job to establish your claim within the limits of the law. The minutiae of the law can be complicated, especially when you bring Medicare into it, so allowing a professional to help you will save you the headache.
Learn about Medicare
Many people who are 65 or older are aided by the Medicare health insurance program. It affects as many as 56.8 million beneficiaries. The likelihood of personal injuries occurring to any one of these participants is very high, and the Centers for Medicare and Medicaid Services (CMS) have established rules and regulations that correspond to these settlements that may occur.
Firstly, Medicare may or may not be able to pay for your care after the injury. If they can pay, and you choose to pursue a personal injury settlement, then a Medicare lien is then in effect. A Medicare lien essentially allows Medicare to have full claim over any of the reimbursement that you may receive. Therefore, they can make sure that they collect what they are due.
Finishing the personal injury settlement
It’s vital that you follow how CMS wants information about your case, because they will unfortunately withhold paying out your settlement until they receive what they need. As a first step, CMS instructs its beneficiaries to notify them of a personal injury claim through the Benefits Coordination and Recovery Center. They will need your personal information, case information, and your attorney’s information.
Another responsibility that falls on you or your attorney is to report the judgement of the claim, so that Medicare can send a formal demand letter in order to be properly and completely reimbursed. Otherwise, fines may result. As long as your representative can keep up with this system, you should be on the right track.
While being in a personal injury situation is never fun or wanted, having a personal injury lawyer help you navigate through the legal and governmental guidelines can be the best kind of help during an otherwise rough time. Rightfully, Medicare has an involvement in the process. They afford a lot of help to so many consumers, and in order to maintain their side of the matter, it is understandable that they would find their reimbursement through the liable parties’ workers compensation plan, automobile insurance, or liability insurance policy.
Medicare’s involvement in a personal injury settlement can seem like an annoying or aggravating step within the whole scheme of things, but it is nothing to ignore or rush through without an educated attorney’s help.