Disability Insurance and Workers’ Compensation: Can You Apply for Both?

When a serious injury or illness prevents you from working, it’s natural to wonder what options are available to replace your lost income. Two of the most common resources are workers’ compensation benefits and private disability insurance. But can you apply for both at the same time? The short answer is yes, although there are important factors to understand about how these benefits interact. A skilled Philadelphia disability insurance lawyer can guide you through the process and help ensure you receive the full support you deserve.

How Workers’ Compensation Benefits Work

Workers’ compensation benefits are available to employees who suffer a work-related injury or illness. In Pennsylvania, workers’ compensation can cover:

• Medical expenses related to the injury
• Partial wage replacement while you cannot work
• Permanent disability benefits if the injury causes long-term impairment

You do not need to prove fault to qualify for workers’ compensation, but you must show that the injury was connected to your job duties. These benefits are crucial for helping injured workers recover financially, but they may not always cover all of your lost income or additional financial needs.

How Disability Insurance Works

Disability insurance, whether provided through an employer or purchased privately, is designed to protect your income if you become disabled, regardless of whether the disability is work-related. Policies vary, but they typically pay a percentage of your salary if you are unable to perform your job duties.

There are two main types of disability insurance:

• Short-term disability insurance, which covers temporary disabilities lasting a few months
• Long-term disability insurance, which covers disabilities that extend beyond several months or are permanent

Disability insurance can provide an additional layer of protection if your workers’ compensation benefits are limited or end sooner than your disability does.

Can You Receive Both at the Same Time?

In many cases, yes, you can apply for and potentially receive both workers’ compensation benefits and disability insurance payments. However, certain rules apply:

• Some disability insurance policies offset the amount they pay based on the workers’ compensation benefits you receive.
• You may be required to report your workers’ compensation income to your disability insurer.
• Your combined benefits usually cannot exceed a set percentage of your pre-injury earnings (often 60–70%).

Because these rules vary based on your specific insurance policy and Pennsylvania state laws, it’s crucial to speak with a knowledgeable Philadelphia disability insurance lawyer to protect your interests.

How Edelstein Martin & Nelson Can Help

Applying for both types of benefits can become complicated quickly. Insurance companies and employers may try to minimize their payouts, and small errors in your application or reporting could result in reduced or denied benefits. An experienced attorney can help you by reviewing your insurance policies and workers’ compensation claim, navigating offset provisions that could lower your payments, and appealing denied claims and advocate for the full compensation you are owed

If you are dealing with a disability and unsure about your options, our resourceful legal team at Edelstein Martin & Nelson is ready to help. Call us today at (215) 731-9900 to speak with our proficient Philadelphia disability insurance lawyer who can guide you every step of the way.