How does short term disability apply in Virginia workers’ compensation cases?

A: Workers’ compensation cases involving short-term disability can become complicated. Generally, they are mutually exclusive.

Income may be replaced if a worker is on short-term disability. Usually, if your workers’ compensation claim is denied, you should apply for short term disability. Each disability policy is different. It is private insurance with different types of exclusions and benefits. A typical policy may be similar to this example:

The amount of income replaced will be dependent on how long they have worked for the company. It will also depend on if the employee is seeking 60 percent, 80 percent, or 100 percent of income replacement.

If an employee has worked for someone for less than 60 months, they are entitled to the following number of days of income replacement:

• • • 100 at 60 percent;
    • 20 at 80 percent; and
    • 5 at 100 percent.

If an employee has worked between 60 and 119 months, they are entitled to the following number of days of income replacement:

• • • 75 at 60 percent;
    • 25 at 80 percent; and
    • 25 at 100 percent. 

Between 120 and 179 months, employees are entitled to the following days of income replacement:

• • • 50 at 60 percent;
    • 50 at 80 percent; and
    • 25 at 100 percent.

And those who have worked for 180 months or longer:

• • • 25 at 60 percent;
    • 75 at 80 percent; and
    • 25 at 100 percent.

When your disability is the result of an injury while on the job, short term disability will be dependent on how much is being received through workers’ compensation; that is, the difference between the two. This will affect payments.