Did you know that most company health plans contain a provision that enables the company to recoup medical expenses paid to cover an treatment received as a result of any personal injury accidents if that person collects damages in an injury lawsuit.
In one particularly sad case, Wal-Mart's health plan sued and won when it sued to recoup $470,000 it had paid for the medical treatment of a former employee. The employee was involved in a collision with a tractor-trailer that left her severely brain-damaged. She received a $700,000 settlement from the trucking company involved in the accident, and after legal and other fees and expenses, $417,000 was placed in a trust for her ongoing care.
Instead, all of the money went back to Wal-Mart's health plan, leaving the victim and her family to rely on Medicaid and her Social Security payments to help keep up her around-the-clock care for her injuries. Don't expect the practice to change anytime soon. Recent U.S. Supreme Court decisions have given health care plans and companies even greater leverage and a clearer legal map to suing employees to recover expenses for medical treatment. You need to make sure that you have an attorney that understands these issues and works to resolve them before you settle your lawsuit. The attorneys at Cohn & Swartzon, P.C. have the experience and know how to deal with insurance companies and health care plans to obtain the recovery you deserve.
In one particularly sad case, Wal-Mart's health plan sued and won when it sued to recoup $470,000 it had paid for the medical treatment of a former employee. The employee was involved in a collision with a tractor-trailer that left her severely brain-damaged. She received a $700,000 settlement from the trucking company involved in the accident, and after legal and other fees and expenses, $417,000 was placed in a trust for her ongoing care.
Instead, all of the money went back to Wal-Mart's health plan, leaving the victim and her family to rely on Medicaid and her Social Security payments to help keep up her around-the-clock care for her injuries. Don't expect the practice to change anytime soon. Recent U.S. Supreme Court decisions have given health care plans and companies even greater leverage and a clearer legal map to suing employees to recover expenses for medical treatment. You need to make sure that you have an attorney that understands these issues and works to resolve them before you settle your lawsuit. The attorneys at Cohn & Swartzon, P.C. have the experience and know how to deal with insurance companies and health care plans to obtain the recovery you deserve.
