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Employees who are injured at work have the right to file a workers’ compensation claim petition in workers’ compensation court. However, before a workers’ compensation claim petition can be finalized, the existence of several liens must be identified and addressed. These liens include Medicare, Medicaid, child support, State of New Jersey temporary disability lien, workers’ compensation lien on a third-party lawsuit, health insurance carrier lien and attorney lien.
At the time of settlement of a workers’ compensation case, the judge or counsel will ask the injured worker (petitioner) if they receive Medicare or Medicaid benefits. Medicare is a federal health insurance program in the United States. Medicare primarily provides health insurance for Americans 65 and older but also for people determined by the Social Security Administration to be disabled. Medicaid is a joint federal and state program that is administered by the State of New Jersey and helps with medical costs for certain New Jersey residents with limited income and resources. Petitioners are questioned about Medicare and Medicaid because if Medicare or Medicaid paid medical bills for the injured body part or condition claimed by the petitioner in his or her claim petition, the amounts paid by Medicare or Medicaid have to be reimbursed.
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