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settlement and Medical Bills
#1
My employer wants to settle but will not pay my medical bills. I have 28,000 in medical bills. They have offered me 25,000. Am I able to make payments to the hospital or do I have to turn over my whole settlement? I appreciate any help
 
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#2
Sounds like there are some liability issues.
Those medical bills can definately be Reduced.
Unless you have some experience negotiating, you should have a pro do it for you--both with the employee and the med p oviders.
You aren't dealing directly with the employer are you? You mean the claims administrator or carrier...
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Should be " employer and med providers"
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
(03-16-2018, 10:21 PM)1171 Wrote: Sounds like there are some liability issues.
Those medical bills can definately be Reduced.
Unless you have some experience negotiating, you should have a pro do it for you--both with the employee and the med p oviders.
You aren't dealing directly with the employer are you? You mean the claims administrator or carrier...
Thank you for your response. I am in Maine. I have a lawyer but I do not feel as if she is advising me correctly. About a month ago we had approached my employer's lawyers with a settlement for 30,000 plus all medical bills which like I said are about 28,000. Our claim was denied and they said they would like to go to trial. I have court this monday morning and very last minute at 4:30 pm on thursday their attorney called us with a 25,000 settlement no medical bills included. I asked my lawyer to enter a counter offer of 35,000 and I would handle my medical bills myself. From the beginning, I have planned to enter a payment plan with the hospital for my unpaid bills. I do not have insurance and there has been no lien placed on my bills. My lawyer disregarded my request stating my offer of 35,000 and reached out to the hospital to negotiate getting my bills brought down to around 19,000. She had also informed me that she could ask them to accept 10,000 and a monthly debit auto pay for the remainder of the initial full payment of 28,000. I said I would accept 10,000 and a monthly payment, when she called me back she spoke nothing of that arrangement and said the hospital would accept a full payment of 17,000. I know it is confusing. It is very overwhelming for me. When this is all said and done my employer is going to make me resign which I am also just finding out for the first time as well when I had already asked and been assured by my lawyer that would not happen. I understand that I am responsible for my medical bills but I would obviously like to receive as much of my settlement as possible. My lawyer had told me several times that my settlement is mine to do with what I wish and now she is telling me I get what is left over. Which is not much. My concern is that she is not advising me fairly and is more concerned with the medical bills than my actual compensation. Please tell me what my rights are with my settlement lump sum. Thank you, i appreciate any feedback.
 
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#5
I'm a bit confused as you state the employer offered to settle for $30K yet also wanted to go to trial? you can't really do both.
did you refuse their offer? why did the case not go to trial when they lowered their offer?
you can change attys at any time. generally there is a single fee that is shared between attys.
is your atty experienced in work comp matters?
attys are often reluctant to push to trial as it takes time from other cases, is unpredictable, and full of delays. the court prefers settlements as well.
the court will want to know the status of the treatment costs.
work settlement amounts are not based on the amount of the check to the worker but on the entire costs paid out on the claim e.g. reduced for litigation expenses, atty fees, outstanding bills, credit for any prior payments, etc. with the remainder going to the applicant/worker. unfortunately that misunderstanding was not discussed beforehand.
your options as how to proceed further with your claim might be made clearer after talking to other attys about taking over.
unless you believe you can handle your claim yourself, what happens from here depends on whether you can find another atty to handle your claim.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
(03-17-2018, 04:01 PM)1171 Wrote: I'm a bit confused as you state the employer offered to settle for $30K yet also wanted to go to trial? you can't really do both.
did you refuse their offer? why did the case not go to trial when they lowered their offer?
you can change attys at any time. generally there is a single fee that is shared between attys.
is your atty experienced in work comp matters?
attys are often reluctant to push to trial as it takes time from other cases, is unpredictable, and full of delays. the court prefers settlements as well.
the court will want to know the status of the treatment costs.
work settlement amounts are not based on the amount of the check to the worker but on the entire costs paid out on the claim e.g. reduced for litigation expenses, atty fees, outstanding bills, credit for any prior payments, etc. with the remainder going to the applicant/worker. unfortunately that misunderstanding was not discussed beforehand.
your options as how to proceed further with your claim might be made clearer after talking to other attys about taking over.
unless you believe you can handle your claim yourself, what happens from here depends on whether you can find another atty to handle your claim.
 
Reply
#7
(03-17-2018, 04:01 PM)1171 Wrote: I'm a bit confused as you state the employer offered to settle for $30K yet also wanted to go to trial? you can't really do both.
did you refuse their offer? why did the case not go to trial when they lowered their offer?
you can change attys at any time. generally there is a single fee that is shared between attys.
is your atty experienced in work comp matters?
attys are often reluctant to push to trial as it takes time from other cases, is unpredictable, and full of delays. the court prefers settlements as well.
the court will want to know the status of the treatment costs.
work settlement amounts are not based on the amount of the check to the worker but on the entire costs paid out on the claim e.g. reduced for litigation expenses, atty fees, outstanding bills, credit for any prior payments, etc. with the remainder going to the applicant/worker. unfortunately that misunderstanding was not discussed beforehand.
your options as how to proceed further with your claim might be made clearer after talking to other attys about taking over.
unless you believe you can handle your claim yourself, what happens from here depends on whether you can find another atty to handle your claim.

Thank you for the response. I know it is a lot of information and confusing. My question is do i have to pay my medical bills from my settlement? There are no liens on my medical bills and none of them were paid through insurance. I want to negotiate my medical bills down myself since they fall solely on me. I have court this monday. I look forward to your response. Thank you.
 
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#8
I see you want the cash now and the medical debt handled later.
I don't see any rule against it.
if there was wording in the settlement that you would be solely responsible for resolving all outstanding medical charges, the court might be satisfied.

without knowing the details it may be up to the judges discretion.
it may help if some of the providers stated that you would be working with them to resolve the billings. some states are stricter then others on leaving issues outstanding and still approving a settlement.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
(03-17-2018, 08:05 PM)1171 Wrote: I see you want the cash now and the medical debt handled later.
I don't see any rule against it.
if there was wording in the settlement that you would be solely responsible for resolving all outstanding medical charges, the court might be satisfied.

without knowing the details it may be up to the judges discretion.
it may help if some of the providers stated that you would be working with them to resolve the billings. some states are stricter then others on leaving issues outstanding and still approving a settlement.

Thank you for your input it is very helpful. Let me ask you this, my medical bills are 28000 and my lost wages are 4400 and my attorney fees are around 3500... and the settlement they have offered me is 30,000. Does this seem like a settlement that a judge would consider fair?
 
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#10
i don't know what issues are in dispute or how strong the evidence is for each party. Settlement amount is a product of the risk each party takes in bringing their evidence to the judge. The court decides what benefits are due based on how credible and persuasive the evidence is. The party with the better chance to persuade the judge should get the better portion of the overall benefits in dispute.
Maine uses wage loss to determine additional disability benefits for those with ongoing work restrictions. I have no idea about your eligibility for the those benefits.
You can find out more about partial incapacity payments here
http://www.maine.gov/wcb/Departments/bus..._12-17.pdf
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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