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

Workers’ comp cases involving short-term disability can become complicated. If you have questions or concerns about what you are entitled to, you should speak immediately with Richmond, Virginia attorneys. You cannot receive workers compensation benefits and short term disability benefits. 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 difference 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 Worker’s Compensation; that is, the difference between the two. This will affect payments.

To better understand how workers’ comp cases are impacted by short term disability, you should seek legal counsel. Richmond, Virginia attorneys who have experience in handling work-related cases can help.

Contact Richmond, Virginia, Attorneys about Your Workers’ Compensation

When you have difficulties with your work-related injury claim, a law firm in Richmond can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.

2016-10-30T13:43:05+00:00

About the Author:

The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia Workers’ Compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.