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  1. #1
    jaf72 is offline Member
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    Just placed on workmans comp- can I apply for my std also?

    What is the name of your state (only U.S. law)? Massachusetts

    I was injured at work last week, and I have been unable to return to work. I was evaluated by our workman's comp Dr. and I am out of work for up to 6-8 weeks. I will be recieving 60% of my pay through workmans comp. Am I also able to use my short term disablity? This is a voluntary policy I elected to carry and I pay the weekly premiums for (it is deducted from my pay each week). My supervisor told me I can't get both, that it is "double dipping", but my thinking is that the std policy is a policy that I chose to carry in addition to what my work provides me with (workmans comp insurance and ltd). If I pay for this policy out of my own money why can't I place a claim?

    Thanks in advance. This is my first time dealing with workmans comp and the only time I've ever dealt with my std is when I had my son 11 years ago.

    Also- my std is through SunLife- not sure if that matters or not.

    J
  2. #2
    Willlyjo Guest
    Quote Originally Posted by jaf72 View Post
    What is the name of your state (only U.S. law)? Massachusetts

    I was injured at work last week, and I have been unable to return to work. I was evaluated by our workman's comp Dr. and I am out of work for up to 6-8 weeks. I will be recieving 60% of my pay through workmans comp. Am I also able to use my short term disablity? This is a voluntary policy I elected to carry and I pay the weekly premiums for (it is deducted from my pay each week). My supervisor told me I can't get both, that it is "double dipping", but my thinking is that the std policy is a policy that I chose to carry in addition to what my work provides me with (workmans comp insurance and ltd). If I pay for this policy out of my own money why can't I place a claim?

    Thanks in advance. This is my first time dealing with workmans comp and the only time I've ever dealt with my std is when I had my son 11 years ago.

    Also- my std is through SunLife- not sure if that matters or not.

    J
    Does your short-term disability pay more than the 60% that Worker's Comp. pays? If so, maybe they will pay up to the 40% that Worker's Comp. doesn't pay. I don't see you getting more than you earned before you became disabled.
  3. #3
    canhelp is offline Member
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    Quote Originally Posted by jaf72 View Post
    What is the name of your state (only U.S. law)? Massachusetts

    I was injured at work last week, and I have been unable to return to work. I was evaluated by our workman's comp Dr. and I am out of work for up to 6-8 weeks. I will be recieving 60% of my pay through workmans comp. Am I also able to use my short term disablity? This is a voluntary policy I elected to carry and I pay the weekly premiums for (it is deducted from my pay each week). My supervisor told me I can't get both, that it is "double dipping", but my thinking is that the std policy is a policy that I chose to carry in addition to what my work provides me with (workmans comp insurance and ltd). If I pay for this policy out of my own money why can't I place a claim?

    Thanks in advance. This is my first time dealing with workmans comp and the only time I've ever dealt with my std is when I had my son 11 years ago.

    Also- my std is through SunLife- not sure if that matters or not.

    J
    employers are not a good source of legal information nor do they have expertise as to what is and is not precluded by your disability policy.
    there is nothing in Massachusetts comp law that prohibits recieving monies from some other sources while you are on also receiving comp payments.
    review the terms of your disability policy and/or contact the carrier for clarification as to whether it pays in addition to work comp.
    if it does, file. if you wish, you may notify workers compensation. full disclosure will prevent most problems.
  4. #4
    cbg
    cbg is offline Senior Member
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    STD and workers comp are mutually exclusive. Workers comp is for work related illnesses and injuries; STD is for non-work-related illnesses and injuries. If you are eligible for the one, it means you are not eligible for the other. You will not be able to use both for the same injury.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    Ladyback1 is offline Senior Member
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    Quote Originally Posted by cbg View Post
    STD and workers comp are mutually exclusive. Workers comp is for work related illnesses and injuries; STD is for non-work-related illnesses and injuries. If you are eligible for the one, it means you are not eligible for the other. You will not be able to use both for the same injury.
    Not necessarily so. It depends on if there are any union contracts or such in place that allows an employee to use the STD to supplement WC up to, but not more than their average weekly wage. Saw this with one of the nurses' unions I worked with
  6. #6
    cbg
    cbg is offline Senior Member
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    Okay, let's put it this way.

    I have been administering both union and non-union employer sponsored group benefits for over 30 years. In all that time, I have NEVER seen or heard of an STD policy that would be valid in a workers comp situation. If there are any such plans, they are few, far between, and very, very much in the minority.

    There is absolutely no reason to believe that the OP's supervisor is mistaken when he says that STD is not available in this situation.

    And, FYI, I am in the OP's state.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  7. #7
    ecmst12 is offline Senior Member
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    OP can, of course, still file the claim. Worst thing that can happen is it will be denied.
  8. #8
    jaf72 is offline Member
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    Thanks for all the replies. It makes more sense now. I'm just nervous about making ends meet with just 60% of my pay if I am out for any length of time. I just bought a house and the bulk of my savings went into that. Eek!

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