Collecting LTD and Comp

[cherie316]

What is the name of your state? New York
I have just found out that I was paying into Long Term Disability when I was injured on the job in 2002. I am still out of work collecting Workmans Comp. My case has not been settled as of yet. Should I have been collecting both? I asked my attorney and he said that he will look into it. Well, he hasn't gotten back to me. Any advice???

 

[Beth3]

"Should I have been collecting both?" Highly unlikely. Any disability benefits your employer offers (whether short-term disability and/or long term disability) will undoubtedly have been designed to pay an income benefit for non-occupational injuries and illnesses. In fact, if you look at the Plan Document or insurance booklet describing the LTD benefit, it almost certainly expressly excludes disability time due to work injuries from coverage.

Worker's Compensation insurance is provided (persuant to State statutes) to compensate you for injuries and illnesses that occur as a consequence of your empoyment.

Since I can't review your LTD policy I can't tell you with 100% certainty but it's extremely unlikely that you can double dip and require your employer to pay you for your lost time twice.

 

[moe15]

hummm

Isn't there something that states in order to collect LTD on a pre-existing condition, you must have the condition for over 1 year?

That is the only provision I seen while reading on it

 

[cbg]

Moe, that's going to be policy-specific. What, if any, pre-ex clauses are in any policy (STD, LTD or health) depend on the carrier, the state, and the condition in question.

 

[karekee]

Illinois
My short-term disibility and WC ran together. There was a slight difference between short-term and WC. It was just enough to cover my health insurance active.

 

[cbg]

Then you were very lucky, karekee. It does happen occasionally that a policy is written in such a way as to allow you to collect both, but it is very much the exception, rather than the rule.

 

[2farindebt]

Cherie,
I would definitely check your long term disability policy out for a clause that says whether or not they will pay for a work related injury. I, too, was injured at work and on worker's compensation payments. I, too, had a long term disability policy and it was paid for by my employer as a benefit. The wording on my policy stated that if I received worker's compensation benefits, I could also receive the long term disability payments as long as the total amount received from both did not go over 80% of my "pre-injury" gross pay. For example, I received 66 2/3 of my gross pay (per week) in the form of a worker's comp payment and was entitled to 13 1/3 of my gross pay (per week) from the long term policy as long as I met their very, very VERY stringent qualifications for THEIR definition of disability. Please check it out because I know how hard it is to live on 66 2/3 of your pay. By the way, I live in Indiana should it matter.

 

[2farindebt]

Cherie, I just thought of something else. Look at your long term disability policy and call the number or write to the address listed to start a disability claim. You need to get that paperwork filed so the company can request tons of medical information from all the docs involved as well as a statement from your employer. Any copies of reports from the medical people you have seen that you can get your hands on will help you since you can mail it in with your application for benefits. It can take several weeks just to receive an answer back from the LTD company as to whether or not they will pay you anything. GOOD LUCK!!!!