I recieved a settlement on a workers comp claim, which included lifetime medical benefit, how do i sell this back to the Ins co?

Asked almost 3 years ago - Murfreesboro, TN

I reside in TN, and after 2 years you can sell the medical benefit back to the insurance company, I just don't know how to do this?

Attorney answers (2)

  1. Christopher Gilreath

    Contributor Level 12

    Answered . Under Tennessee law, the issue of "selling" your right to future medical care has been changed frequently in recent years. The answer to your case depends on when your case was settled. For several years before 2008, Tennessee law provided that future medical benefits could not be closed under any circumstance. In 2008, the law was changed to permit closing medicals after three (3) years of use, but only upon approval before a Court. In 2011, the law was changed again to allow injured workers and employers to reach agreement on the value of future medical care, but with some limits. In all cases, the agreement must be approved by either the Department of Labor or the appropriate Court.

    The first question to ask is: Do you really want to sell your right to future medical benefits? If it is an issue of trying to come up with cash today at the expense of your health for the long term, most judges and Department specialists will NOT approve that kind of scenario. Keep in mind to that it is less likely today that you will be able to have the same injury condition covered under private health insurance or Medicare, since they have all clamped down severely on people who have done that in the past. If you have any sort of serious medical condition, selling future medical care is small short term gain at serious long term loss, because treatment for a serious medical condition will be significantly more expensive. If you happen to have a medical condition that is stable and needs no future medical treatment, there could be situations where selling your care could work, but they are few and far between.

    If anything, you should consult with the attorney who represented you in your original case for advice.

    The procedure for reaching a settlement of future medical care involves contacting the insurance company who is responsible for providing the care, and negotiating a value. Do you know the real value of your treatment? Contacting them on your own puts you at a disadvantage. Instead, rely upon an attorney who knows the system to help you.

    you are currently permitted to "sell" your right to unlimited future medical treatment for your injury back to the insurance company who covered you at the time you were hurt. You correctly

  2. Nancy J Wallace

    Contributor Level 14

    Answered . IN CALIFORNIA (not certain about MTSU Country there!), you suggest a 'settlement' of your future medical rights for a sum certain.

    HINT: USE YOUR BENEFITS well for 3-4 months before you suggest settlement. If you have no returned to the doctor for anything in 2 years, the adjuster has paid no future medical bills.

    If the adjuster has paid no (or almost no) bills in two years, he won't come up with much to resolve future medical rights.

    BUT! If this adjuster has had bills for braces and pills and creams and office visits and physical therapy visits for 4 months and THEN the injured worker makes a reasonable suggestion to make all these bills go away, that suggestion is MUCH more attractive.

    [My cousin graduated from Middle Tennessee State University... it's a great school, you're lucky to be in the neighborhood!]

    Hope that helps!

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