Here is a communication shared with a few injured workers and medical care providers who have been battling the system for years. It was written so that it could just be given to the attorney, if warranted. Maybe it will help you also?
Please let me know if it brings other questions to your mind, and we’ll see about answering them in another blog, in a general way, so others may also be helped. Or, we can find some experts to address the issues in greater detail.
These are some rough thoughts on how mediation with a structured settlement team and Medicare Set Aside Expert can help move a WorkComp case to Settlement, freeing up an Injured Worker to get medical care. It is really quite simple and effective.
The drawing attached is a “mind-map” created as a draft and talking points for the blog.
DISCLAIMER: This is not legal, accounting or tax advice and you are encouraged to seek professional advice from same before entering into any agreements with anybody.
Insurance carriers are often inclined to AGREE TO MEDIATE when “RESERVES” are known to be high. Via a structured settlement situation, they somehow save money with spending future dollars and not all in one chunk.
A good Structured Settlement negotiator is key, and a good, EXPERIENCED WorkComp MEDIATOR. There seems to be a whole new venue of “Medicare Set Aside” experts, which the Mediation/Settlement team can probably recommend. Social Security is a mine-field, so stay alert and be prepared for anything.
Mediation seems to work for unrepresented injured workers, but it’s more work for all parties, and some people won’t do it.
If you have legal representation willing to step aside and let settlement negotiations take place, it can be win/win/win for all parties, and more importantly, can mean freedom and restoration of civil rights for the injured workers.
Some attorneys representing Injured Workers are even known to accept their portion of settlement on a structured basis, as it also has some tax benefits, if I understand it correctly.
Often, the “parties reach agreement, subject to a confidentiality agreement” and the injured worker is spared years of delays, denied medical care and legal anguish. The carriers often save money, and close the books. Attorneys get paid, even when they have done little to facilitate resolution and settlement.
So, remembers, it is NOT ARBITRATION. Mediation takes place outside of WorkComp arena and is approved by a WorkComp Judge upon completion.
Mediate.com is a resource that shows how few professionals are involved in WorkComp SOLUTIONS in California. There are several structured settlement companies that also specialize in WorkComp structured settlements.
If you or your attorney would like the contact information for a couple of professionals, please feel free to let me know. Using my name may or may not be beneficial. One California Brain Injury Super Lawyer allegedly told one TBI Survivor “you are very lucky to have Linda as an advocate on your behalf.” Others have said that I “scare industry people”….
If your attorney says the carrier and defense will not settle, he/she may not have all the information and tools to make that happen. It can start with a simple call to the defense with a question, “What will it take to settle this case now?”
If your attorney wants some encouragement to explore settlement possibilities, feel free to have him/her contact me.
“Anytime, anywhere any Injured Worker reaches out for help, I want helping hands to be there, and for that, I am responsible.”
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