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  1. #1
    Join Date
    Jul 2013
    Posts
    4

    Default How Does Long Term Disability Affect Workers Comp

    I was wondering if you receive Long Term Disability from your employer how it affects your WC claim. Does it help or hurt it?

  2. #2
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: Long Term Disability

    In my opinion it does not help or hurt your work comp claim. Your work comp payments may affect your LTD payments. They may also consider any lump sum settlement as "income" and deduct an offset depending upon your LTD policy.

    I recommend requesting a complete copy of your LTD policy. Dealing with adjusters from LTD is similar to work comp claims adjusters in the sense that they look out for their best interest and not yours. Many times legitimate LTD claims are denied. If your claim is ever denied, I recommend hiring a LTD attorney, and do not just accept the denial as fact. I would also contact a LTD attorney if at any time your LTD carrier wants to send you to one of their "doctors" or evaluators. They can use similar tactics as work comp does such as hiring PI's etc.
    Last edited by kelly38; 09-12-2013 at 06:45 PM.

  3. #3
    Join Date
    Jul 2013
    Posts
    4

    Default Re: Long Term Disability

    Actually, I applied for LTD and then took early retirement because I could no longer do my job. LTD was awarded at 60% of my salary and was put in place prior to me receiving my retirement which afforded me to keep my insurance and continue to accumulate time towards retirement. I know I will have an adjustment from LTD when and if I finally get a settlement award. I am only MMI now and do not receive any WC benefits. I have applied for SSD, but have not heard back and do not expect them to approve it.

    On a good note, I have been very fortunate. WC has treated me very well and getting LTD helps me afford to keep my house. I feel blessed but will still be happy to have all this behind me. I just didn't know if receiving LTD would affect my settlement amount since this is a self-insured company. Thank you for your input.

  4. #4
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,898

    Default Re: Long Term Disability

    Quote Quoting Boxerlady View Post
    Actually, I applied for LTD and then took early retirement because I could no longer do my job. LTD was awarded at 60% of my salary and was put in place prior to me receiving my retirement which afforded me to keep my insurance and continue to accumulate time towards retirement. I know I will have an adjustment from LTD when and if I finally get a settlement award. I am only MMI now and do not receive any WC benefits. I have applied for SSD, but have not heard back and do not expect them to approve it.

    On a good note, I have been very fortunate. WC has treated me very well and getting LTD helps me afford to keep my house. I feel blessed but will still be happy to have all this behind me. I just didn't know if receiving LTD would affect my settlement amount since this is a self-insured company. Thank you for your input.
    I am relieved you have a LTD policy, and wish more people had one for protection.

    Your work comp does not care about your LTD, but it sounds like you already know that the LTD may offset your WC settlement. I suggest getting a complete copy of your LTD policy and discuss the LTD with your work comp attorney and possibly with a LTD attorney on the best way to structure your WC settlement to minimize if your LTD considers it as income. I have a friend who has been researching this for her settlement and has found it difficult to find an attorney knowledgeable in work comp settlements and how it affects LTD, at least in my state. I have tried to help her but have not found an attorney who deals with WC and LTD. How she described her policy is that they would consider her WC settlement as income and stop her LTD payments until they deduct the WC from what they would have paid. She is looking into a way to structure her WC payments/settlement so this will not happen. Every LTD policy is different, that is why I suggest getting a copy of your if you have not done so already.

    I wish you the best of luck and am relieved things are going well for you.

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