Question

I pay for extra disability pay but they won’t give it to me claiming comp benefits?

Asked on July 5th 2023 by Jimmy
I’ve been out of work for a few months now, and recently gotten my comp case established. I pay for extra benefits through my work in the case of disability. It is not New York State disability it is private. They were giving me weekly checks but now they’ve stopped and are saying I need to pay everything back, including deductions. Why would I also have to pay back deductions as well? Why would I have to pay them back as well? I pay for the extra pay through work and from what I was under the impression that I would get both comp benefits and private disability benefits.

Answer

Answered on July 5th 2023 by Attorney Gregory Dell

Jimmy:

Private disability policies have deductible source of income provisions. Worker comp benefits for wages are usually a deductible source of income in most disability policies. As a result of the language your workers comp payments will offset and sometimes wipe out the private disability benefit payment. The disability company can request and seek an overpayment if they have paid you already. You must review your disability policy to determine the types of income that the insurance company can deduct from what they owe you.