I recently settled my workers’ compensation claim, and I still need medical treatment but Medicare has told me they will not cover my work injury until I have accumulated enough medical bills from treating on my own to equal the amount of the workers’ compensation Award. Is this correct?

Answer: Yes. If all or a portion of your settlement was meant to cover the cost of future medical treatment for your injury, Medicare is entitled to do this. In situations where the settlement includes payment for future medical care, it’s very important that a portion of the settlement is allocated towards Medicare so that they will not do this. If you are in this type of situation, it is best to have an attorney help you settle your workers’ compensation claim. Unfortunately, in your case you cannot “redo” your workers’ compensation settlement to protect the money from Medicare.