Do You Need A Workers' Compensation Medicare Set-aside?

Does the total settlement exceed $25,000?


The total settlement amount includes the following: 

1) future medical or prescription expenses;

2) indemnity benefits; 

3) attorney fees; 

4) any settlement advances; 

5) lien payments (including repayment of Medicare conditional payments); 

6) amounts forgiven by the carrier or employer; 

7) prior settlement amounts for the same claim; and 

8) liability settlement amounts on the same workers’ compensation (WC) injury (unless apportioned by a court on the merits).


*Note:  If an annuity will be used in the settlement, the expected payout must be included instead of the cost to purchase the annuity.


© 2020 Carr Allison Medicare Compliance Group

100 Vestavia Parkway

Birmingham, AL 35216

P: 205.949.2949

F: 205.822.2057



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Required statement from the AL State Bar:  No representation is made that the quality of legal services to be performed is greater than the quality of legal services provided by other lawyers.  Any recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.  Disclaimer.