How Does Long Term Disability Effect Workers Compensation?

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: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "How Does Long Term Disability Effect Workers Compensation?":

Lonnie:
Thermopolis, WY

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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