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Boca Raton Personal Injury Lawyer > Blog > Personal Injury > Can Medicare Patients File for Injury Compensation?

Can Medicare Patients File for Injury Compensation?


As a Medicare patient, you may be wondering if you can file for injury compensation after an accident. Whether you are the recipient of a government health insurance program or not, you have the right to pursue a personal injury claim if you’ve been injured due to someone else’s negligence.

That said, Medicare recipients do need to comply with Medicare program requirements for reimbursement if they access an insurance settlement. To learn more, consult with a Boca Raton personal injury lawyer.

File a Claim and Reimburse Medicare

A federal health insurance program, Medicare is primarily for individuals aged 65 and older but there are also younger people with disabilities who are eligible for the program. If you are a Medicare patient who is interested in seeking compensation for your medical bills, pain and suffering, and other losses after an accident, there is a process to follow to strengthen your claim.

  • Have your health assessed by a licensed professional. After an injury, seek immediate medical attention, both to connect with a professional’s treatment plan and to ensure that there is a direct connection between the accident and the injuries sustained.
  • Consult an attorney. Legal professionals have the training and experience to assess your case and guide you through the recovery process, including determining if you have a valid personal injury claim and talking to you about how they will best represent your interests.
  • Gather documentation. Your attorney will collect evidence related to your accident injury, such as photos, witness statements, and medical records.
  • Notify the government insurance program. Inform Medicare of the accident, the healthcare you are receiving, and any insurance claims related to the injurious event. Prompt notification means Medicare professionals will keep track of the costs that have been covered in connection to the event and determine any potential reimbursement requirements.
  • Pursue a full and fair compensation amount. Once an at-fault party has been identified, a claim that covers damages resulting from the accident can be filed.

Because Medicare coverage helps to cover your medical expenses, the program also has the right to reimbursement if you receive a settlement or judgment in a personal injury claim. So, if Medicare has paid for your medical treatment related to the accident and you recover compensation from the at-fault party, Medicare is entitled to reimbursement.

Handling Medicare Reimbursements

When it comes to Medicare reimbursement, you may be required to establish a Medicare Set-Aside (MSA) account to cover future medical expenses related to your accident injury. Additionally, your Boca Raton personal injury lawyer may be able negotiate with Medicare to potentially reduce the amount they are owed. Each situation is unique, but you need to follow Medicare’s guidelines and procedures because a failure to do so could result in benefit complications and delays.

Have some of your accident expenses been covered by Medicare? Part of your insurance settlement may need to be repaid to Medicare programs. Talk to the talented attorneys at Leifer & Ramirez. To schedule your fee-free initial consultation, simply call 561-660-9421.

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