If you have private health care insurance from either your employer or the New York Health Plan Marketplace, you may have to use that insurance. I say ‘may’ because many times if you are injured on a property, there may be a small “Medical Payment” provision of the property owner’s insurance policy that covers medical expenses up to a certain amount of all people who are injured on the property. If you do not have private health care insurance you may have to use Medicare or Medicaid. If you use Medicare and Medicaid, and even some self-insured employer’s plan (ERISA based plans) you may have to pay back all or some of your medical expenses from any settlement or verdict in your case.
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