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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32621
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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will private disability insurance be negated by filing a workman

Customer Question

will private disability insurance be negated by filing a workman comp claim in California
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry so sorry to hear of your wife's health condition. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a copy of the private policy? Does it indicate that benefits received will be offset by other income received by the beneficiary of the plan?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

WE were told by the private CIGNA Ins that we needed to apply for state disability CA SDI and that they would pay the remainder of the 60% of the wifes income that the state did not cover. But we are trying to protect her benifits for injuries incurred during her employment. So we are trying to determine which routes are the best to go on

Expert:  Tina replied 1 year ago.

I see. Thank you for clarifying the situation for me.

Yes, state SDI is typically easier to obtain than worker's comp benefits, especially for stress-related claims. The reason some attorneys will not take stress-related claims through worker's comp is because they are typically opposed vigorously by employers and their insurers, making for a potentially long battle.

Private insurance policies do normally reduce benefits by the amount the recipient receives through other programs, so it is important to review the policy closely to determine whether they will reduce your wife's benefits dollar for dollar.

If you find, by contacting other WC attorneys that it is not worth pursuing a WC claim on her behalf, then I would apply for SDI and the private insurance, and all seek benefits through the social security administration. That takes some time so you will want to get the process started as soon as possible to avoid a lapse in benefits once SDI is discontinued.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

We have applied and have been approved for her Cigna Short Term disability and State Dis Ins came through today.


Question remains that whether it would be a good idea to file a work comp claim and if the filing or denial will effect the private insurance. I am still looking for the policy at home and online at myCIGNA


 


Concerns being continuation of medical benifits to provide coverage for my wifes recovery

Expert:  Tina replied 1 year ago.
Hello again,

Filing for worker's comp or being denied for it would not typically affect the private insurance or SDI benefits. If she received a WC settlement, then the private insurance and state would likely want to recoup some of the benefits paid to her though.

I hope that alleviates your concerns and clarifies the situation for you.
Tina, Attorney
Satisfied Customers: 32621
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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Tina
Tina
California Employment Lawyer
32621 Satisfied Customers
JD, 17 years experience & recognized by ABA for excellence in employment law.