Can Someone Get Short-Term or Long-Term Disability and Workers' Compensation At The Same Time?

Damon Duncan By Damon Duncan, Board-Certified Specialist 1 min read
Workers' Compensation

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.

African American Male on White BackgroundFor 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.
Damon Duncan

About the Author

Damon Duncan

Damon Duncan is a Board Certified consumer bankruptcy attorney at Duncan Law, LLP — helping North Carolina families stop collection calls, protect their property, and get a real fresh start through Chapter 7 and Chapter 13 bankruptcies. He is dedicated to guiding clients through the practical realities of financial recovery, including discharging overwhelming medical debt and halting wage garnishments. Duncan Law has served clients across North Carolina since 1996. In addition to the practice of law, Damon leverages his extensive understanding of debt and asset protection to teach Secured Transactions as a law professor at Elon University School of Law.

No Cost. No Commitment. No Judgment.

Have questions about bankruptcy? Let's talk — free.

We answer calls 24 hours a day. A free phone consultation takes 20–30 minutes and leaves you with a clear picture of your options — no obligation whatsoever.