Claiming Long Term Disability and Workers Compensation Benefits

by Steve Fields | May 23rd, 2017

Many clients wonder if they can file a claim for Long Term Disability benefits at the same time as they are receiving Workers Compensation benefits. You can always apply for long term disability benefits, but whether or not you will receive benefits, and how much your benefit will be, depends on many factors.

The best place to check whether or not you can receive long term disability and workers comp benefits at the same time is in the long term disability policy itself. This is the document that governs your long term disability plan. The coordination of workers compensation and long term disability benefits can be very complicated, so it is best to seek an attorney’s help and guidance.

If your long term disability insurance company is requesting information from you regarding other benefits that you have coming in, seek advice from a long term disability lawyer about what you are legally obligated to hand over to the long term disability insurance company.

Common Pitfalls of Filing Claims Simultaneously

Some long term disability policies will exclude work-related injuries from coverage completely. In other words, if you get hurt at work, the long term disability company may take the position that you should be covered by workers compensation, not long term disability.

If your workers compensation benefits are denied, and long term disability pays benefits while you are waiting for the decision on your workers compensation claim, the long term disability company might look to either you or the workers compensation insurer to pay back some of the money they paid to you if you are eventually awarded wage loss benefits under the workers compensation system.

If you are receiving wage loss benefits from the workers compensation insurer and you get approved for long term disability benefits, the long term disability carrier may offset, or reduce, your long term disability benefits by the amount you are receiving in workers compensation benefits.

Again, the coordination of these benefits can be very tricky. You should talk to a Workers Compensation lawyer about when, if at all, you should apply for long term disability benefits at the same time as applying for or receiving workers compensation benefits.

Long Term Disability Benefit Offsets

Keep in mind that other disability benefits, such as Short Term Disability, social security disability or no-fault benefits, retirement benefits, or income from a part-time job could also offset long term disability benefits. In order to maximize the benefits that you are entitled to, it’s important to understand how each of these benefits interrelate.

An attorney who understands both workers compensation and disability benefits can help you to understand the coordination of the benefits. The attorneys at Fields Law Firm have successfully handled Workers Compensation and Disability cases, and we understand how to maximize the benefits for you. Call us today for free advice on your specific situation.