Workers’ Comp

Articles and information on workers’ compensation structures and related settlement industry news.

The Role of Structured Settlement Advice Before, During and After Mediation

Bringing two parties to the mediation table in a personal injury case is often a substantial feat. It shows a willingness to negotiate and even to compromise on both sides. Much discussion and agreement needs to happen before reaching the “demands and offers” and eventual settlement phase. Knowing in advance how much an injured client

New Spring/Summer Atlas Report on Medicare Benefits & Medicare Set-Asides

Every quarter, Atlas Structured Settlements releases its report on Medicare issues including Medicare Set-Asides. The Spring/Summer report is out. Topics include: CMS Moves to Medicare Beneficiary Identifier Version 2.7 of the WCMSA Reference Guide Published WCMSA Submission Guidelines: A Refresher Budget Act of 2018 Limits Medicaid Third-Party Recovery Rights New Commercial Repayment Center (CRC) Contractor

By |2018-06-11T12:57:41-07:00June 11th, 2018|All, Medicare Set-Asides, Workers' Comp|0 Comments

Help Is Here for Managing Medicare Set-Aside Funds | CareGuard

Medicare Set-Aside accounts (MSAs) have to pay medical expenses first and be depleted before Medicare pays for any expenses. Injured parties have choices, manage complicated MSA account compliance themselves or hire someone. The “Self-Administration Toolkit for Workers’ Compensation MSA Arrangements” alone, is 31 pages long. Improperly follow procedures and Medicare may deny coverage. The second choice —professionally managed MSA accounts.

The Public Benefit Payment Puzzle | Keeping Government Benefits Intact When Structuring a Settlement

Settling a case can be a cumbersome and time-consuming experience for all parties. When the complexities of needs-based public benefit programs such as Medicaid and Supplemental Security Income (SSI) are added to the structured settlement mix, attorneys must be vigilant to ensure that the settlements they craft comply with all applicable laws while protecting their client’s current and future benefit eligibility. In addition, this is further complicated by dual-eligible clients with Medicaid and Medicare.

Injured on the Job | Assuring a Sound Settlement

Successfully negotiating a monetary settlement in an on-the-job injury, discrimination, harassment, retaliation, wage and hour or other employment-related claim is the responsibility of all parties — both defense and plaintiff. If the litigation involves a physical injury, the settlement must insure that the injured worker can pay for day-to-day living expenses until able to return to work — or, when life-changing damages occur — to enable injured parties and their families to have enough funds to last a lifetime.

Workers’ Comp Cases and Structured Settlements

Using structured settlements in personal injury cases is common. Use a resolve in workers’ comp claims where an employee is permanently disabled- less so.

Reinsurance Agreements Offered through MetLife

MetLife is offering reinsurance agreements that enable the transfer of periodic payment obligations not assignable under Internal Revenue Code Section 130 from one licensed insurance company to another.

What is a “Structured Settlement”?

Structured settlements are tax efficient and can have asset protection and spendthrift advantages too. Like other tax deferral ideas, their results are more impressive the longer their term and the slower they pay out. They aren’t for everyone, and you shouldn’t structure every nickel you receive. Once they are set up, they generally can’t be changed.

Sample Structured Settlements Show A Variety of Options

For some the structured settlement process is best illustrated by sample structures.

Helping California Courts Protect Settlement Beneficiaries [Los Angeles Lawyer – March 2010]

Factoring Beginning in the late 1980s, a new wrinkle emerged in structured settlements. Entities known as factoring companies targeted individuals who had structured settlements, buying the future structured settlement payment rights for a discounted lump sum, usually a fraction of the overall settlement figure.

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