Visitor Question

How Does Long Term Disability Effect Workers Compensation?

Submitted By: Lonnie (Thermopolis, WY)

I was injured at a coal mine and placed on long term disability while I went back to school through Vocational Rehab. During that time I received a workers compensation settlement for permanent partial impairment. This settlement was paid out monthly and offset benefits from long term disability payments.

Is this how this should have worked or should I have gotten full long term disability and the settlement as an additional benefit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lonnie,

Employers have options available when negotiating their initial purchase of Workmans Compensation insurance. Workmans Compensation settlements can be made at the time you are recovered enough to either return to work at a different position, or continue Vocational Rehabilitation.

If you were receiving Social Security disability payments concurrent with your Workmans Compensation benefits their will be an offset. From the facts you present we can only presume your reference to “full long term benefits” was a reference about Social Security.

If the settlement were to have been paid after the long term benefits you would have been required to pay the offset amount back. There have been cases where settlements were paid out after the long term liability and Social Security benefits. Because there was no offset the injured party was sued for the offset difference.

Social security benefits, long term disability payments, Workmans Compensation, and settlement issues can be very difficult to understand. Even skilled Attorneys who have little experience in these complicated areas are hesitant to undertake an injured party’s representation.

There are Attorneys who are highly skilled and experienced in these areas. Their practices are usually devoted to Workmans Compensation and Social Security benefits. Although you apparently have finalized your case you might still think about an office consultation with one of these skilled Attorneys. Most will not charge a fee for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 12, 2011

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