Medicare Set-Aside Trusts

Workers' compensation is the program that compensates workers for occupational injuries. Injured workers eligible for workers' compensation benefits may also be or become eligible for Medicare benefits if they have reached the age of 65 or have a qualifying disability.

To preserve Medicare funds, the Medicare Secondary Payer Act provides that Medicare is secondary to other sources of payment for medical care, including applicable workers' compensation medical benefits.

Sometimes Medicare requires injured workers to create a Medicare set-aside arrangement. This sets aside part of a person's workers' compensation settlement to cover future medical expenses related to the compensable injury, disablity or illness. The worker must deplete these set-aside funds before Medicare will pay for any treatment.

The formation of a Medicare set-aside can be a complex and involved issue, taking up to six months or longer to obtain Medicare approval, so it is important to consider the full implications of any action in a workers' compensation case, including the potential impact on Medicare.

Contact Our Board-Certified Workers' Compensation Lawyers

Do not hesitate to contact the workers' compensation attorneys of Cousins, Desrosiers & Morizio, P.C., if you have questions or concerns regarding Medicare benefits. From our offices in Stratford, Connecticut, we represent injured workers throughout the state.

We are happy to help you structure the settlement of your workers' compensation claim in a way that complies with the relevant regulations and maximizes your benefits. Please contact us toll free at 866-225-9496 to arrange your free initial consultation.