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Even where an injured worker has settled his or her claim with a structure that pays money annually for medical care for the on the job accident, the Federal Government can still come in and help if the funds fall short, as discussed in yesterday’s post on lump sum settlements. The Center for Medicare and Medicaid Services (CMS) would pay for the rest of the year after the Medicare Set Aside (MSA) is exhausted, but any unspent payment from prior years is carried over. For example, if the workers comp claim is settled with $50,000 in a lump sum and a structure that pays $12,000 per year but there is a total of $6000 unspent from prior years, claimant will have to exhaust the $12,000 of that year plus the prior $6,000 before Medicare takes over and pays for medical care. The settlement of workers compensation claims in Maryland, Virginia and the District of Columbia, as well as other parts of the country, has become more complicated, That another reason why getting the help of an experienced workers compensation lawyer who regularly tries comp claims is so important.

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