Should You Settle Your Right to Lifetime Medical Benefits?

Should You Settle Your Right to Lifetime Medical Benefits?

For many injured workers, this is the single most important decision in the entire case.

Under Alabama law, an employer is generally responsible for providing authorized, reasonable, necessary, and causally related medical treatment for a compensable injury. In many cases, those medical benefits may continue indefinitely unless they are properly settled and closed.

That means workers’ compensation may continue paying for:

• Future surgeries.
• Prescription medications.
• Pain management.
• Physical therapy.
• Diagnostic testing.
• Follow-up appointments.
• Other authorized treatment related to your work injury.

Once future medical benefits are closed as part of a settlement, they generally cannot be reopened simply because your condition becomes worse later.

Recommended Reading: Are Alabama Workers’ Compensation Medical Benefits Really for Life?

See also: Section 25-5-77, Ala. Code 1975

Don’t Assume Your Health Insurance Will Pay

Many injured workers believe: “If I close my medical benefits, I’ll just use my health insurance.”

Unfortunately, it isn’t always that simple. Private health insurance policies may deny treatment they believe should have been covered by workers’ compensation.

Likewise, Medicare’s interests must often be considered when settling future medical benefits, particularly if you are already a Medicare beneficiary or are reasonably expected to become one.

Before closing future medical benefits, you should understand how the settlement may affect your ability to obtain future medical care.

Don’t Give Up Valuable Rights for Free

Sometimes a settlement proposal requires the injured worker to surrender more than the right to weekly compensation.  The agreement may also ask the worker to waive rights such as:

• Future medical benefits.
• Vocational rehabilitation benefits.
• Other statutory rights available under Alabama’s Workers’ Compensation Act.

If additional rights are being surrendered, those rights should be considered as part of the settlement value—not simply given away without careful evaluation.

Every Settlement Is Different

No two workers’ compensation settlements are alike.

Before deciding whether to settle, questions worth asking include:

• Have I reached Maximum Medical Improvement (MMI)?
• Will I need another surgery?
• Do I require ongoing medication?
• Am I likely to need future pain management?
• Can I return to my previous job?
• What permanent work restrictions do I have?
• Am I giving up lifetime medical benefits?
• Does the settlement affect Medicare’s interests?
• What other rights am I giving up?

Recommended Reading: What Is Maximum Medical Improvement (MMI), What if I cannot Return to my Job, Understanding Permanent Work Restrictions and Can I Sue My Employer Outside of Alabama’s Workers’ Compensation Laws?

The Bottom Line

Receiving a settlement check is only part of the decision.  The more important question is often: “What am I giving up in exchange?”

Future medical benefits.

Weekly disability payments.

Vocational rehabilitation.

Other important legal rights.

Once many of those rights are settled and released, they are gone forever.

Before accepting any workers’ compensation settlement, make sure you understand not only the amount being offered, but also the value of the benefits and protections you may be giving up.

At Powell and Denny, we have spent decades helping injured workers prove the connection between their workplace accidents and the benefits to which they are entitled under Alabama law.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation laws -don’t hesitate to contact and speak with one of the experienced Alabama Workers Compensation and Social Security Disability attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.