NC Workers’ Comp and other benefits

It can be challenging to coordinate workers’ comp benefits with other disability and health benefits, including Social Security retirement and disability, Medicare, health insurance and short and long-term disability plans. But getting this wrong can have serious consequences.

Injured workers can receive both Social Security disability and workers’ comp. Workers’ comp will pay first then SSD will pay an additional amount up to the maximum benefit, which is determined based on how much the employee has paid into the program. Careful attention should be paid when settling a NC workers’ comp claim to be sure to minimize the impact on any future SSD claim.

Disabled workers must also carefully consider the impact of settling their workers’ compensation claim on future eligibility for Medicare. Medicare requires that its interest be protected and sometimes money must be set aside from the settlement to pay for future medical treatment for the workers’ comp injury, or Medicare may refuse to provide coverage for the injured body part.

Short term and long term disability plans frequently exclude workers’ compensation injuries. The language in these plans varies greatly and the applicable plan must be carefully examined to ensure the injured worker receives all of the benefits he or she is due.

If you have been seriously injured while working on the job in North Carolina, or while working for a North Carolina company, you should identify all of the potential plans that may provide medical or disability benefits and carefully review each to determine possible conflicts or problems.

Please call or email for a free consultation with a NC workers’ comp attorney.