We get this question regularly from injured workers. Folks want to know “Can I settle my workers’ compensation claim and also keep my lifetime medical benefits?” People are concerned (obviously for valid reasons) that their medical condition from their injuries may get worse in the future and they want to have a provision in their settlement that says the insurance company will pay for the medical care if that happens and, in essence, keep their workers’ compensation medical coverage open.
In most cases, you will not be able to have any type of “open medical’ provision in your settlement. Insurance companies do not want to subject themselves to that type of future risk for unknown expenses. Settlements typically close the entire claim as you are receiving a lump sum of money partially for the anticipated future medical expenses.
There are exceptions to this but they rare and few and far between. Generally, the injured worker is much better off settling their future medical benefits anyway (but that is for another blog post).
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers’ compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers compensation system, click here to order our book, “The Ultimate Guide to Workers’ Compensation in Virginia,” or call our office today (804) 755-7755.