Workplace accidents are common and may happen despite the best safety practices and attention. Fortunately, the injured workers are covered by workers’ compensation, which provides them financial relief for their injuries.
Typically, the compensation value includes medical benefits and lost wages. However, if your injury leads to a long-term disability, you would be more concerned about the coverage. Although you have the option to claim for long-term disability benefits apart from the workers’ compensation benefits, you may or may not receive them, and this depends on several factors. So it becomes important to understand the complicated relationship between the two. Let us explain it in detail.
Long-term disability policy
Whether you will receive these benefits and the amount you will get depends on your long-term disability policy. Another decisive factor is whether the policy was bought by the worker or the employer. These policies often pay for the injuries that keep you out of work for an extended period. The period of coverage is mentioned in the details of the policy and often ranges from over 30 days to 6 months, though it may differ from policy to policy.
While policies may differ, most would pay out around 60 percent of your earnings at work. However, the coverage value may also vary, just like the coverage period does.
Filing workers’ compensation and long-term disability claims simultaneously
Claiming benefits from both policies simultaneous can be tricky, so it is best to seek guidance from an expert attorney. Some long-term disability policies even do not have work-related injuries in their coverage. If there is a delay in workers’ compensation, and the long-term disability company pays out benefits while the victim awaits decision, the latter may even reclaim the payments once you get the wage loss benefits under workers’ compensation.
Considering the complexity of this offset, it makes sense to understand long term disability laws before moving ahead.
A seasoned attorney is the best person to guide you, whether you should apply for both the benefits simultaneously. The ultimate objective is to maximize your compensation, regardless of the source you get it from.
Long-term disability benefit offsets
Another fact that you must know is that your long-term disability benefits may be offset by other disability benefits such as social security disability and short term disability.
Additionally, income from a part-time job and retirement benefits may also reduce the amount that you get as compensation. Once again, your lawyer can play a pivotal role in helping you set the right expectations.
Further, they can ensure that you maximize the benefits with the right approach so that you can get your life on track. It is vital to collaborate with an expert because you would not want to be deprived of the compensation you deserve.
The interplay between workers’ compensation and disability claims can be far complex than you imagine. So you should not even try to handle them on your own because the insurance companies would want to pay the minimum or even try to shift the responsibility to each other.
