Can You Collect Workers Comp and Long Term Disability at the Same Time?

If you’ve been injured or fallen ill due to work-related circumstances, you may be curious: can you collect workers comp and long-term disability at the same time? In short, yes, it’s possible, but the situation can be complex and whether it’s possible depends on various factors.

Understanding Workers’ Compensation and Long Term Disability

Before going into the specifics of collecting both types of benefits, let’s briefly review what each entails:

• Workers’ Compensation: This is a state-mandated insurance program that provides benefits to employees who suffer job-related injuries or illnesses. It typically covers medical expenses and a portion of lost wages.
• Long-Term Disability: Long-term disability (LTD) insurance may be provided by employers or purchased individually. It offers partial wage replacement if you become unable to work for an extended period due to a disabling condition, regardless of whether it’s work-related.

Can You Receive Both Benefits Simultaneously?

The possibility of receiving both workers’ comp and long-term disability benefits concurrently depends on several factors:

Your LTD Policy Terms

The first place to check is your long-term disability policy. Some policies explicitly exclude work-related injuries from coverage, while others may allow for concurrent benefits but with certain restrictions or offsets.

Benefit Coordination and Offsets

Many LTD policies include provisions for offsetting benefits. This means that if you’re receiving workers’ compensation benefits, your LTD payments may be reduced by the amount you’re getting from workers’ comp. For example, if your LTD benefit is $2,000 per month and you’re receiving $1,500 in workers’ comp, your LTD insurer might only pay $500 to avoid what they consider “double-dipping.”

Potential Pitfalls of Filing Simultaneous Claims

While it’s possible to pursue both types of claims, there are some potential challenges to be aware of:

• Claim Denials: If your LTD policy excludes work-related injuries, your claim might be denied if your injury occurred at work.
• Repayment Requirements: If you receive LTD benefits while waiting for a workers’ comp decision, and your workers’ comp claim is later approved, you might need to repay some of the LTD benefits.
• Complexity: Coordinating these benefits can be intricate and confusing, potentially leading to mistakes that could jeopardize your benefits.

Maximizing Your Benefits

To get the most out of your available benefits, consider the following steps:

• Carefully Review Your Policies: Understand the terms of both your workers’ compensation coverage and your LTD policy. Pay special attention to any clauses about work-related injuries or benefit coordination.
• Keep Detailed Records: Document all communications with both your workers’ comp and LTD insurers. Keep track of all medical appointments, treatments, and how your condition affects your ability to work.
• Consider the Timing: In some cases, it might be strategic to apply for one type of benefit before the other. An experienced attorney can help you determine the best approach.
• Be Honest and Consistent: Ensure that all information you provide to both insurers is accurate and consistent. Discrepancies could lead to claim denials or accusations of fraud.

The Importance of Legal Representation

Understanding the complex interplay between workers’ compensation and long-term disability claims can be challenging. This is where having the support of a skilled attorney becomes invaluable. At Capitan Law, we have extensive experience handling long-term disability cases and helping clients maximize their benefits.

Our team can:

• Analyze your specific situation and policy terms
• Guide you through the application processes for both types of benefits
• Help you avoid common pitfalls that could jeopardize your claims
• Negotiate with insurance companies on your behalf
• Represent you in appeals or litigation if necessary

Remember, we work on a contingency fee basis, which means you don’t pay unless we recover benefits for you.

Contact Capitan Law Today

While it is possible to collect workers’ comp and long-term disability simultaneously, the process can be filled with potential pitfalls. The key to successfully managing this situation is understanding your policy terms, being aware of state regulations, and seeking trusted legal guidance.

If you’re facing a situation where you might need to pursue both workers’ compensation and long-term disability benefits, don’t hesitate to reach out to the experienced long-term disability benefits lawyers at Capitan Law. We’re here to help you understand your rights, maximize your benefits, and pursue the support you need during this challenging time.

Contact Capitan Law online or at (267) 419-7888 today for a free consultation to discuss your unique case. Let us put our experience to work for you. We’ll work diligently to obtain the full benefits you’re entitled to under both workers’ compensation and your long-term disability policy.