How do a disability pension and workers comp tie to a settlement in workers comp?

The way it works is this. You have a worker's compensation case, and there are two types of disability pensions.

One is an accidental disability and the other is an ordinary disability.

And the reason that I do it that way, sort of accidental and ordinary is because the accidental-disability pension is one that you apply for. You may not receive what you apply for if you have gotten hurt at work and if the way in which you get injured matches up with the requirements of what would make you eligible for those benefits.

The accidental #disabilitypension pays greater amounts of dollars and then the ordinary disability pension can be if it's a work-related injury or it can also be if it's not work-related.

When someone applies for an accidental disability pension and they get it, then there is a dollar for dollar offset between the accidental-disability pension and the worker's compensation award, meaning you're not going to get any money from workers comp if you got accidental disability pension.

My answer to that, really is, though. So what?

Because if you're in public employees or teachers, then you're going to get 72.6% of your highest year earnings.

If you're in police and fire, you're going to get 66 to two-thirds. They're all tax-free, plus health insurance.

So it's always going to be better to get the accidental-disability pension than it would be to get an award through #workerscomp. So that's one.

Now the second thing to remember is that the offset that dollar for dollar offset only starts as of your retirement date. So that means that if let's say you got hurt back in 2018 and you were out on worker's comp until 2019, but you don't retire until 2020, and there's a year where we didn't get any benefits. Then you can receive an award through workers comp for that gap period of time up until the retirement date.

As of the retirement date, there would be then the dollar-for-dollar offset. So that's how it works with the accidental-disability pension when you have an ordinary disability pension and a workers' compensation case.

If your application for ordinary disability pension is the exact same medical condition as your work injury, then there's an interaction between the two.

There's some math that we have to get from pensions, and then you do a calculation and you figure out how much the workers' compensation is going to get reduced based on your receiving the ordinary disability pension.

Again, that reduction is only from the time of your retirement date going forward.

Now, the last part of it is if you apply for ordinary disability pension and you include the work stuff, but you also include because you had a heart issue or you have diabetes or something else, and you include that in the application then when it comes to trying to settle the workers' compensation case instead of reducing it because it was the same, it doesn't get reduced as much because the application includes other body parts that are not work-related.

So you can negotiate in workers comp a higher award because part of the disability pension application didn't include specifically the work-related stuff.

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