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Can I Receive Both Long Term Disability Insurance & Worker’s Compensation?

Yes, you can. If you have been injured on the job, you are likely eligible to receive worker’s compensation insurance (also called “worker’s comp” or “workman’s comp”). You may also be eligible for long term disability insurance (LTDI) benefits provided by your employer. Here’s what you need to know.

Worker’s Comp & LTDI Are Two Independent and Different Benefits

Worker’s Compensation insurance provides for lost wages, medical expenses, and permanent disability benefits in the event you are injured at work. Almost all Wisconsin employers are required to provide Worker’s Compensation insurance, so if you are a Wisconsin employee, you are very likely insured.

Long Term Disability Insurance provides wage replacement in the event you are not able to do your job. Unlike Worker’s Compensation, employers are not required to offer this benefit; some Wisconsin workers receive this as an employment benefit, while others purchase LTDI insurance independently through an insurance broker. Your illness or injury does not have to be related to the job to receive Long Term Disability Insurance benefits. Long Term Disability benefits may last until age 65 or beyond, whereas Worker’s Compensation benefits typically are shorter in duration.

There Are Benefits to Applying For Both Benefits

If you qualify for both Worker’s Compensation and Long Term Disability Insurance, you should apply for both. By combining these benefits, you will likely receive more money to help you and your family while you are out of work. Beyond the financial benefits, Long Term Disability benefits may provide auxiliary benefits, such as ongoing health insurance for you and your family. Additionally, if one of these benefits is denied, payment from the other claim will provide some measure of financial stability.

Worker’s Compensation Likely Offsets Long Term Disability

Most Long Term Disability Insurance policies provide that the Long Term Disability benefits will be reduced dollar-for-dollar based on any Worker’s Compensation payment. Even so, it is wise to apply for Long Term Disability Insurance benefits even if you are receiving Worker’s Compensation. Regardless of the offset, there may be some Long Term Disability benefits remaining – and if there is a complete offset, some Long Term Disability plans contain a minimum monthly benefit which you would receive regardless.

You Can Receive Long Term Disability After Worker’s Compensation Ends

Your Worker’s Compensation benefits may end prior to the end of the Long Term Disability benefit; in fact, this is typical. In this case, your Long Term Disability benefits may continue until age 65 or beyond.

You May Not Be Eligible For Short Term Disability Benefits

While you are able to receive both Worker’s Compensation and Long Term Disability at the same time, you likely are not able to receive Short Term Disability Insurance for a work-related injury. Most Short Term Disability policies exclude work injuries from coverage. Despite this exclusion, you can still apply for Long Term Disability benefits if you were hurt at work and you should do so.

Contact Us With Questions

If you have questions about your long term disability claim, please contact an experienced Hawks Quindel disability attorney for a free consultation today.

William Parsons

Shareholder at Hawks Quindel, S.C.
Bill practices as a long term disability lawyer and workers compensation attorney at the Madison office. His practice focuses on representing individuals with Wisconsin workers compensation claims, long term disability insurance claims, and unpaid wage disputes.