Our Missouri workers' compensation attorneys know that many seemingly simple workers' comp cases can become much more complex when other government benefits and agencies are involved. If you are receiving other kinds of benefits at the time you suffer a Missouri work-related injury, your claim might become extremely complicated too. In this post, we discuss some other benefits or situations which might complicate your workers' compensation claim.
• Unemployment benefits: Employees are disqualified from receiving workers' comp disability benefits if they are receiving unemployment compensation. If you do somehow receive workers' comp checks while you are collecting unemployment benefits, be aware that you will be required to pay back the workers' comp disability benefits.
• Medicare: If the injured employee is covered by Medicare at the time of the accident, or will be eligible for Medicare within thirty days from the date of the accident, the Centers for Medicare & Medicaid Services (CMS), a federal agency, must be notified. There are a lot of factors involved which can delay or hinder a claim once Medicare is involved. Try to get CMS involved as soon as possible to avoid long delays.
• Social Security Disability: If you believe you will not be able to return to work for more than a year, or if you have become permanently disabled as a result of your on-the-job injury, then you need to apply for Social Security Disability benefits immediately. This system is completely different than the Missouri workers' compensation system, and it can take two to three years to start receiving benefits. In addition, each government agency requires has a different burden of proof that must be met in order for the agency to approve your claim. In other words, just because you qualify for workers' compensation doesn't mean you will also qualify for SSD benefits. Furthermore, any disability money you receive from your workers' comp claim might lower the amount of SSD benefits you're eligible for. Under these circumstances, it's often beneficial to retain a workers' comp attorney who is familiar with this type of case.
• MO HealthNet Payments: Following your workplace injury, if you receive any medical care that is paid for by MO HealthNet, you may have to reimburse them once you receive your workers' comp settlement award. Bear this in mind, and discuss it with your employer's insurance carrier so you will understand exactly how to handle this situation.
• Child Support: If you are paying court-mandated child support, a work injury does not excuse you from making the legally required payments. Instead, the insurance company is required by Missouri law to give a portion of your benefits to whomever the child support is owed.