The Short Answer
Whether you can collect both disability benefits and workers' compensation at the same time depends on the terms of your specific disability policy. For short-term disability, many policies include exclusions that reduce or eliminate benefits if you're also receiving workers' compensation. Long-term disability policies more commonly allow you to collect both, but the amounts and conditions still vary by plan. Because the rules differ so much from policy to policy, speaking with a workers' compensation attorney is the best way to understand exactly what you're entitled to.
For short-term disability benefits, this often times depends on your specific short-term disability policy. While it may be possible to receive both benefits, oftentimes exclusions are made if workers’ compensation is paid.
Just as with short-term disability, your ability to collect long-term disability benefits along with workers’ compensation will depend on the specifics of your plan. However, it is usually possible to collect both long-term disability and workers’ compensation.
In both situations, the specifics can be complicated and vary greatly from case to case. For this reason, it is always best to consult with a workers compensation attorney when the need arises.
Key Takeaways
- Short-term disability policies frequently include exclusions that reduce or eliminate your benefits when workers' compensation is also being paid.
- Long-term disability and workers' compensation can usually be collected at the same time, but the specific terms of your plan control the outcome.
- Every disability policy is different — the language in your plan documents is what determines whether an offset or exclusion applies.
- Receiving workers' compensation does not automatically disqualify you from disability benefits, but it may reduce the amount you receive.
- A workers' compensation attorney can review your specific policy and situation to make sure you're collecting every benefit you're entitled to.