Question HI, my name is Jim, I am in NH but I think that the laws are mostly the same in all states. Question: I have had a W/C claim for 34 years. Injured my back. I worked with it for many years even had a fusion done. but didn't work. W/C is now telling me they want to make me an offer on the MEDICAL part of the claim. Med's, Doctor visits. Is there an age limit as to how long they have to pay for these things. I may need another surgery in a couple of years who knows. My company IBM says I cannot use any prescription coverage with Medicare. I have a cap on scripts with IBM.
And they said nothing about the 34 years of suffering which will continue until I die. Is the an age limit that they can use against me?
Answer Sorry to hear about your injury first off. Second the laws vary allot in each state. But they can not use a law against you unless the law was in place when the accident happened. In Utah as long as you are seeing the doctor at least once every three years your coverage continues. I think they are trying to limit there long term debt and so they are offering a settlement to you. I would find a work comp attorney in your area and consult with them on this issue. But if you go settlement you will want a very good average on what you pay out each year, include scripts and office visits. Also look at the cost for at least one more surgery and see if there offer will cover it. Your attorney will help with this if that is how you want to go, but you sound as if you are better off with the insurance and not having to worry about script changes and cost increases. Hope this helped and good luck.