comp vs. SSD

[robinb3463]

What is the name of your state (only U.S. law)? New York

My fiance' was injured on the job and receiving comp. He now has been approved for SSD and is getting SSD and comp. He wants to settle the comp case but has been told that Medicare will not pay for any meds or surgeries related to the work injury. In other words medicare will not pay for pain meds or back surgery in the future and comp will not as well if he settles the case. Is this true. If it is, is there a way for him to settle the case and still get comp to pay for any meds or procedures related to the injury. Thanks for any help u can give me.
Robin

 

[pattytx]

I don't know about Medicare, but what does his attorney say about this? He should not be considering a settlement without an experienced work comp/disability lawyer.

 

[robinb3463]

His lawyer is the one who told us that Medicare wont ever pay for anything that is workmans comp related and that we need to keep comp. We feel this is sooo unfair. He needs a one story house and that is what the settlement wouuld be used for. I love the house we have but he can't walk upstairs anymore. It just doesnt seem fair that medicare wont pay for anything work accident related...making it impossible for him to ever settle the comp case.

 

[pattytx]

Sorry, the law doesn't care about unfair, it cares about illegal. If your attorney doesn't think it's a good idea to settle, with or without open medicals, then the advice of the attorney should be listened to.

 

[BL]

They do sell stair chair lifts .

Perhaps he can get help paying for one to be installed.