Ask an Attorney for Workers’ Compensation: How Is It Different From Disability?

A workplace mishap can cause more harm than just physical injuries and mental anguish. If you can’t work, you may also experience financial difficulties and stress. Workers’ comp and disability benefits can help alleviate this pressure, and an attorney for workers’ compensation can help you obtain these benefits.

Although workers’ comp and disability benefits are both meant to supplement your income when you’re unable to work, they aren’t interchangeable. Knowing the difference between the two is crucial to working with your workers’ compensation attorney to obtain the resources you need to get through this difficult time.

How Workers’ Comp Differs From Disability Insurance

Workers have a few potential sources of financial compensation after being injured on the job, including workers’ compensation and disability insurance benefits. Although these programs serve a similar function, they differ in several crucial respects.

What You Should Know About Virginia Workers’ Comp

Virginia’s workers’ compensation program provides injured employees with monetary benefits to address their losses. Unlike in a personal injury claim, workers’ comp benefits are awarded regardless of who caused the accident. You can apply for and receive workers’ compensation even if your own negligence contributed to your injuries.

Workers receive payment for necessary medical expenses through a workers' comp claim. Your prescriptions, office visits, and surgical procedures will all be covered as long as they’re essential to improving your condition. You can continue receiving this care free of charge until your condition ceases to improve.

As an injured worker in Virginia, you may also be eligible to recover some of your lost wages. If you can’t work for more than seven days, you’ll receive two-thirds of your pre-injury wages beginning on the eighth day. If you can’t work for 21 days, the first seven days’ wages will be paid to you retroactively.

Typically, wage-replacement benefits continue for up to 500 weeks. However, medical treatment benefits could continue indefinitely if the care helps improve your condition and you follow your doctor’s instructions to the letter.

Other workers’ comp benefits may be available depending on the nature of your injuries. For example, employees who are permanently disabled and unable to return to work can receive up to 80% of their pre-injury wages after they exceed 500 weeks of disability. Survivors of a worker killed on the job are eligible for additional benefits.

Distinguishing Disability Insurance Claims

Unlike a workers’ comp claim, you can file a disability insurance claim regardless of where your disabling injury occurred.

If you have disability insurance, you can typically file a claim for benefits if you’re hurt at work or home. However, like a workers’ comp claim, benefits are usually available irrespective of what led to your injuries.

The terms of your disability insurance policy will dictate your eligibility, the benefits you receive, and the length of time they continue. Some policies only offer benefits for a short time, while others may not pay until you’ve been out of work for a specific number of days.

There are other similarities between workers’ comp claims and disability insurance claims as well.

For example, you have a specific period to file each type of claim, and the benefits you receive from each will help you address your medical expenses and lost wages. Both claims generally last a finite length of time before benefits cease. Finally, an attorney for workers’ compensation can help you pursue either or both options.

That being said, there are also significant differences between the two claims. When you apply for disability benefits:

• You generally get to choose the doctor who treats you
• Your benefits may be paid all at once rather than over time
• You’ll usually be responsible for paying your medical providers
• You can use your benefits for any expense you deem necessary

Finally, there are separate application processes for each type of claim — just because you file one kind of claim doesn’t mean you’re eligible for the other.

Receiving Disability and Workers’ Comp Benefits Simultaneously

Let’s say you suffer a workplace injury and can’t work for several months. You might wonder whether you can replace 100% of your missing income by combining workers’ comp and disability insurance benefits.

While you can apply for both types of benefits, you’re limited to receiving 80% of your pre-injury wages. Your workers' comp benefits will be reduced if your combined benefits exceed this threshold.

Remember, each type of claim has a separate application process. Just because you qualify for workers’ compensation benefits doesn’t mean you’ll automatically receive disability insurance benefits.

FAQ

Can I Receive Both Workers’ Comp and Disability Insurance Benefits?

You can potentially receive both workers’ compensation and disability insurance benefits at the same time. However, you must apply for each claim separately. You may also be limited in the amount of wage replacement benefits you stand to receive.

How Quickly Must I File My Claims?

You or your attorney must file a claim for workers’ compensation within two years of your accident. The terms of your disability insurance policy will determine how long you have to file a claim with your insurance provider.

Do I Need a Workers’ Compensation Attorney to File a Claim?

Although legal counsel isn’t required, having an attorney for workers’ compensation help you file for workers’ comp benefits or disability benefits can be advantageous. Your attorney can apply for each type of benefit on your behalf, appeal any denials you receive, and ensure that you get the full benefits you’re entitled to.

Reach Out to Commonwealth Law Group Today

Workers’ compensation claims can be confusing, especially when combined with disability insurance. The experienced attorneys for workers’ compensation at Commonwealth Law Group can help you secure the compensation you deserve after a workplace accident.

We’re ready to guide and represent you through every step of the process. Contact us today to schedule your free consultation.