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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Default Settlement of a Workers Comp Case

    My question involves workers compensation law for the state of: Virginia

    I fractured my back one year ago. I have gone thru physical therapy, boot camp as I call it. I have been receiving a check weekly and was awarded lifetime medical. The company has offered me a settlement. It said that I cannot draw Medicare/Medicaid for 30 months. I'm not old enough anyway but What does that mean.

    I can retire this year but I can't as long as I am on WC. Will settlement effect my social security?
    If I hire an attorney to go over my paperwork, will he be able to get 1/3 since I have already done everything?
    Will a attorney look over it?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Settlement of a Workers Comp Case

    It's sensible and helpful to post one question per issue.

    Depending upon the full facts of your situation, you may have to enter a Workers' Compensation Medicare Set-aside Arrangement (WCMSA), which allocates a portion of the WC settlement for future medical expenses.

    Workers' compensation lawyer fees are defined by statute. You are free to try to negotiate a flat fee, hourly fee or reduced fee to have a lawyer review your settlement paperwork.

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