WkComp question

mrsbowden · June 2003

If you currently have an employee (Full-time), that is on long-term disability and they also are eligable for workmans comp.can them employee claim both or one or the other? (my thoughts are one or the other), at any rate my second question would be if they are currently on wrk.comp. can the employer have them taken off wrk.comp and move them to just long-term disability? (after 6months)? Any answers? :-?

Whatever · June 2003

The answer depends on your state law. In the few cases where the ee filed with both the wc and disability carriers, I notified both carriers that ee had filed with 2 difference carriers and left it to the insurance companies to resolve the problem.

LindaS · June 2003

As Whatever stated, check with your state law but I would notify the LTD carrier that the EE is collecting WC payments. His LTD payments would probably be reduced by the amount he is receiving from WC. As far as "removing" him from WC, I do not think that is a decision for you, as the employer, to make. If the EE is still "healing", they are entitled to received TTD payments. Once they have reached "end of healing", the physician will make a decision regarding any permanent disability and then it is up to you, and the insurance company, what to do. Once that happens, the employee can be removed from WC and placed solely on LTD if they are still unable to work.

Ethel · June 2003

In Texas the injured employee can receive LTD and WC but they are offsetting. Also, most LTD policies have a waiting period so durning that period (ours is 6 months) the employee receives only WC.

cebudragonlady · June 2003

I never did understand why TTD pays more ( our last guy on WC got $490
per week ) than Permanent Disability - for the range of 70 - 99.75% Permanent Disability, the maximum is $230....

Chari

Eliant · June 2003

i concurr with my colleagues. However, what came first. Did he get hurt on the job, creating TTD and then filed for state disability? I would most definetely contact the W/C carrier and notify them of this situation.

mrsbowden · June 2003

Yes, he first filed workers comp. and we are trying to find out if he can receive payments for LTD also. From what I have heard W/C will pay upto 60% or so and depending on your LTD carrier they may only pay upto 70% so they (LTD carrier) would only pay the ee 10% (in order to get the ee to the 70%level). I hope that makes sense.

Everyones info. has been very helpful! xclap

WkComp question

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