Ohio Worker's Compensation - Help For Injured Ohio Workers

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  1. #1
    Join Date
    Apr 2011
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    5

    Default Workmans Comp vs Long Term Disability - Which Should I Go with

    hello, i have been off work with a torn tendon in my little finger. workmans comp will pay me total temp. disability payments beginning soon when my short term disability runs out at work. now work says i should apply for long term disability payments which will cancel any workmans comp. i understand workmans comp. payments would be tax free and long term disability through work would not be. are there any downsides to taking the work offered long term disability payments over the workmans comp. payments?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
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    18,017

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    Have you actually read the STD/LTD policy?
    There are EOC/Evidence Of Coverage pages, usually at the back of the policy that define what they will pay and what they won't. Taxes are determined by who pays the premiums.

    As a rule, STD/LTD pays secondary to WC benefits. There are min/max rates in both programs. Depending on the rates in WC, the STD/LTD could be offset, or not paid at all. And, in most cases the STD/LTD doesn't cover work injuries... you need to read the policy to be sure what benefits are paid and when.

  3. #3
    Join Date
    Apr 2011
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    5

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    no i have not read the STD/LTD policy. i will try and obtain it as soon as possible, but workmans comp pay starts in 2 weeks. work wants long term disability form filled out as soon as possible. also, if work only paid me base wage during wage continuation instead of built in overtime in my schedule, and shift differential is there a recourse to recover the nearly 2,500.00 they did not pay? thanks for the advice so far.
    Last edited by mowog70; 04-14-2011 at 04:42 AM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
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    18,017

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    if work only paid me base wage during wage continuation instead of built in overtime in my schedule, and shift differential is there a recourse to recover the nearly 2,500.00 they did not pay?
    Depends on what the "wage continuation" policy says. That's between you and the ER. Not generally a WC issue.
    Some ER's have wage continuation policies so they can reduce the WC premiums. Others let the WC kick in based on the WC rules.
    OH WC is here http://www.ohiobwc.com/basics/guided.../ORCandOAC.asp

  5. #5
    Join Date
    Apr 2011
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    5

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    ok, thanks for the info, i thought the bwc had rules in how wage continuation is handled, (calculated). i'm still unclear if i should trust my employer and go with long term disability, (at the employers urging), or take the workmans comp max. payment per week? pros and cons of both?
    Last edited by mowog70; 04-14-2011 at 04:53 AM.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
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    18,017

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    Your ER has nothing to gain/lose by providing you the info on what benefits or STD/LTD benefits you may be eligible for.
    Whether it's WC, or the STD/LTD, they are paying the premiums on both.
    But, as I said, you should read the EOC and find out exactly what the coverage is before you make a decision... naturally, you can't "make money" by being disabled... so either way, the min/max rates will apply. And, find out which...STD/LTD maybe be taxable.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
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    1,928

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    I have NEVER seen a STD/LTD policy that provides wage replacement benefits for a work related injury.
    Pros of using WC is you get compensated on what your actual AWW was at the time of injury. That would include ALL hours worked, both regular and OT, any stip ends you are paid for, plus any bonus etc., that was paid as wages. WC is tax exempt. And IF you have a permanent disability the WC IC is required to pay you for what ever % of disability you have lost once you are stable or at maximum medical improvement/MMI.

    STD nor LTD is going to pay one cent for TPD. Quite frankly IF your STD policy has been paying for an injury that they "knew" was the result of a work injury I would be very surprised.
    Also would like to add to BiVA's post that you may or may NOT pay taxes on the STD/LTD as it depends on not only who pays the premiums but IF they are paid pre or post taxed gross wages.

    Hope it all works out for you. Sounds to me like you need a very good and competent WC attorney and yesterday wouldn't be too late.

    Take Care and Be Well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  8. #8
    Join Date
    Apr 2011
    Posts
    5

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    it was explained to me that there is occupational STD, and there is non-occupational STD. 6 months of both available. LTD will pay 60 % of my base rate. workmans comp TTD will pay a max. of $775.00 a week here in Ohio, and i am approved by them for the max. received letter from work with info to apply for LTD with Signa today, work says i will receive workmans comp for a short time and should sign up for LTD as soon as possible. the company i work for is called INEOS. it is a chemical company based overseas. it bought out our complex of chemical plants from BP a few years ago. the STD i have been receiving had taxes, deductions, 401, etc taken out of it.

  9. #9
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    Feb 2007
    Location
    Calif
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    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    You HAVE to read the EOC, there is NO reason for your ER to mislead you on this.
    No one on a message board can tell you which/either/or none would be payable.
    You cannot "make money" being "disabled"...the WC will pay based on eligibility, the STD/LTD will pay based on eligibility.
    are there any downsides to taking the work offered long term disability payments over the workmans comp. payments?
    WC doesn't pay "long term" disability.
    If OH has a cap on TTD...those benefits will stop once the max weeks are paid out.
    If you have a PPD rating, those benefits will be paid out until that is satisfied. LTD is not "PPD indemnity", but wage replacement if you cannot work. If you are terminated, or voluntarily quit, the LTD may be affected as well... so, again, read the policy EOC/Evidence Of Coverage. That will answer your question. This isn't about which is more beneficial... either program will only pay the max benefit you are eligible for.

  10. #10
    Join Date
    Apr 2011
    Posts
    5

    Default Re: Workmans Comp vs Long Term Disability - Which Should I Go with

    BvIA, my concern is surviving and paying the bills until i can return to work, sometime in the early fall. i agree about it being strange the company wants to pay LTD, (at 65% base wage due to 5% buyup) for an occupational injury. it appears that the WC $775.00 weekly max amount, tax free, would give me more money coming in per month than the LTD with my company. i am between operations for a finger tendon graft. have to get by on half my income until August or September. the doctor says i can return to work with the restrictions of no heavy lifting and no heavy gripping but work says it has no light duty for me. may be due to same finger injured twice at work, second time after tendon reattachment and therapy, while working light duty in front office, given task that caused tendon to tear off finger again after 3 1/2 months of therapy. next operation in early June.
    Last edited by mowog70; 04-15-2011 at 05:51 AM.

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