Legal Question in Workers Comp in North Carolina

long term disability eligible

My husband has been on w/c for just under 3 years. Since being injured on the job he has never received anything about long term disability which he was paying for while working with the employer. Is he eligible to receive ltd and w/c or after accepting a settlement can he receive ltd? thanks

Asked on 9/07/06, 12:50 pm

2 Answers from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC
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Re: long term disability eligible

Would need a lot more facts to be certain, but:

I suspect your husband can receive benefits from both wc and LTD programs. LTD will likely take a setoff in the amount of wc benefits. Can close wc case on settlement and still remain eligible for LTD, many times until age 65. Wording of any wc settlement language should be done carefully. Call his employer's Human Resources Department re LTD application. Most LTD plans require his inability to do "any" work, but you should confirm the definition of "disability" in the LTD plan yourself. Employer required to forward you a copy of the policy upon request.

Also, go ahead and look into filing for Social Security disability. See ncdisability.com for link to SSA site. Good luck!

S. Neal Camak

Law Offices of George W. Lennon

Raleigh, NC

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9/10/06, 5:47 pm
George Lennon Lennon, Camak & Bertics, PLLC
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Re: long term disability eligible

You husband may not have been advised of the requirement to file his LTD claim. Contact the employer's human resource department to follow up on this. Usually, LTD is reduced by workers' comp. If the right language is used in settlement documents, an offset may be minimized. If your husband cannot return to pre-injury work, GET A LAWYER before any more time passes and do not settle without knowing your rights. See: Http://www.ncworkcomp.com

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9/07/06, 3:47 pm

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