Will someone please answer this?

[mariah]

I've heard so many different stories ( I live in KS.) After being injured on the job, we are finally going to go for final settlement with Worker's Compensation. Can anyone tell me what comes out of the settlement besides my attorney's fees? My sister (and several other people) told me I will have to repay the monthly checks W.C. sent me, and they also said that I would have to pay for the Dr's. and treatments I have received. I just recently started thinking about all this and it doesn't seem right that I will have to reimburse for the Dr's and medical treatment I received, isn't that the reason my former employer has the insurance? thanks

Mariah

[backless]

All I can say is ,thats not the way it works in Fl. or NY.My opinion is,what your being told makes no sense.Of course the best way to find out what the truth is by speaking with your atty.or perhaps a legal assistant in the office.The asst.are pretty well informed of the law.you don;t have to accept a settlement either.For today, dont worry about it,mostly because it dont make sense and you can call tomorrow and get the facts.Good luck.

[suede]

The settlement is yours free and clear and tax exempt.
Before settling though you need to contact all health providers that have treated you for the WC condition and make sure they are pain in FULL once you sign the settlement they are no longer obligated to pay, unless you settle with the clause that you will still have medical care.

I also just found out that when you settle you need to make sure that it is in the settlement that it is for the date of injury and not as supplement income, if you don't then you will have to pay federal taxes on it, you will receive a 1099 though for your monthly checks you have been receiving and they are taxable.

Good Luck, I would also make sure that this is all correct by talking to your attorney, better safe..

Linda

[backless]

Mariah,when you settle(if)be sure your atty has in the agreement a clause stating that ALL medical relating to the W/C case to be paid by carrier/employer.Its not uncommon to suddenly get a straggaling bill that laid on someones desk for a while.I had it happen,my atty.automatically puts it in the agreement and when I recieved my billS ,I forwarde them to the case adjuster because I felt it easier than sending to my atty.then he needing to send to adjuster.i guess if it happens .ask atty.what to do.As for W/C and taxes.I respectfully disagree with suede.W/C is not subject to FEDERAL income tax.perhaps your state or local Govt.taxes you.But I doubt it.Thats one of the reasons behind you not getting full pay.I had a case in N.Y. and in Fl.I was not taxed and they were long term disabilities.Alsoyou want the settlement to be structured in such a way that ,though you may get a lump sum,it needs to be written that its for compensation for lose of income over your lifetime.Without getting into details I'm not totally clear on,the reason is .If you should apply for Social Security Disability,the SSA can apply an offset and lay a claim to a portion of your settlement if you should apply for SSDI benefits.Your atty.will likely know more about it.Its getting to be a hot topic.What has happened is .The SSA has found injured workers get a big settlement for loss of income and future medical.Then they appy for SSDI leaving medicare to pay their futre medical that would have been pain by the W/C carrier if it wasn't for the settlement.

[suede]

backless,Mariah
I can appreciate what your saying, however I am going through this right now with SSA.

I never received any monthly checks from WC all I ever got was the settlement in Dec. 2003 and it was stated very clear in my settlement papers that is was a one time payment for an injury I received at work in June 1999 and not supplement income.

My SSD was not approved until Jan. of 2007 and the the onset date was for April 2004.

This year when I got my 1099 from SSA it showed my settlement as being taxable income. It took me a day and half of going to our local SSA office and phone calls to get it straight, at last I was told by the SSA and the IRS that if this had been monthly checks I had gotten from BWC or listed in my settlement papers that it was supplement income then it would have been taxable, seeing though it was listed as a one time settlement for an injury it is not taxable.

However I will say Mariah, talk to your attorney and pay close attention, because you will find that when dealing with SSA and the IRS it seems each person has their own interpretation of what the laws and rules are.

It is so easy to get confused and screwed it is ridiculous, also when you speak to any one from either of these places be sure and get names and ID numbers, I have also keep copies of all correspondence and Fax's etc.

I wish you the best of luck it isn't fun dealing with all this and just when you think it is all straightened out you'll get bit on the behind..

Linda

[Riley2012]

I wish you well. I am not sure about Kansas as I am in Ca. know that You are in our prayers.