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Workers compensation or long term disability

My husband works in a metal fabrication shop in Massachusetts and was injured on the job when a very heavy part fell on his shoulder from a rack and injured his neck. We are seeing doctors this week and have no idea how long he'll be out of work. So under MA law is it better to apply for workers compensation or for long term disability that his employer also provides? Thanks for any help.

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Your husband can seek to recover from both workers compensation and from any available long-term disability policy that covers him. For those who do not know, long-term disability insurance is a benefit, often provided by employers, that is supposed to pay a set percentage of an employee's earnings if he is injured and is unable to work. It sounds simple, but it can become complicated when other income sources are involved.  For that reason, if I were in your husband's shoes, I would contact a workers comp attorney in MA who is familiar with the many issues involved in this type of a situation. 

For example, even if you are able to tap into the long-term disability benefit, there may be issues with offset provisions:  A typical LTD policy specifies that the monthly benefit may be reduced by the amount of income received from other sources, such as workers compensation or Social Security Disability.  Such offset provisions, though irritating to the worker, have been generally upheld.  See, for example, Godwin v. Sun Life Insurance Co., 908 F.2d 323 (5th Cir. 1992) and Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 522-25 (1981).  However, there is always room for negotiation when it comes to exactly how large the offset should be.  Again, it's a good idea to have an attorney negotiate these issues.  Good luck, and I hope your husband feels better.



I was injured at the workplace few months back and after all the legal formalities. I am getting the workers compensation from the company and also one from state disability department.


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