Disability attorney Gregory Dell discusses how receiving workers compensation benefits may affect your disability insurance benefits.
If you are receiving workers’ compensation benefits, the likelihood is that your disability carrier is going to claim an offset or an overpayment for any disability benefits that you’ve received. This would be the case if you had a long-term disability policy that’s governed by ERISA or is a group benefit policy. However, if you have an individual disability income policy and you’re collecting workers’ compensation benefits, the likelihood is that your benefit will not be offset and you would be able to receive the workers’ compensation benefits, as well as the long-term disability insurance benefits. There’s no set law as to whether or not you can receive workers’ compensation benefits and long-term disability benefits; the law is governed by the language in your policy. If you have any questions, please let us know.