Differences Between Workers Comp and Short Term Disability
On behalf of Harper, Evans, Hilbrenner & Netemeyer
When you’re injured or too sick to work, financial stability becomes a major concern. You might be wondering: does Workers’ Compensation cover this? Or does Short-Term Disability apply? Understanding the difference between Workers’ Comp and Short-Term Disability Insurance is crucial because the type of benefits you receive depends on how, when, and where your injury or illness occurred.
At Harper, Evans, Hilbrenner & Netemeyer, we specialize in helping employees navigate their legal rights when dealing with workplace injuries and claims. In this article, we’ll break down the key differences, how they work, and what you need to know to get the compensation you deserve.
Workers’ Comp Insurance
Workers’ Compensation (Workers’ Comp) is a state-mandated insurance program that provides medical coverage and wage replacement to employees who suffer work-related injuries or illnesses. Employers are required to carry this insurance, and in return, employees generally cannot sue their employer for workplace injuries.
Key Features of Workers’ Comp:
- Covers work-related injuries and illnesses – If you are injured while performing job duties, Workers’ Comp provides benefits, regardless of who was at fault.
- Medical expenses are fully covered – Your employer’s insurance pays for doctor visits, hospital stays, prescriptions, rehabilitation, and any necessary medical treatments related to the injury.
- Partial wage replacement – If your injury keeps you out of work, you typically receive around 66% of your average weekly wages, subject to state maximums.
- Disability benefits – Depending on the severity of your injury, you may qualify for temporary or permanent disability payments.
- No income taxes on benefits – Unlike wages, Workers’ Comp benefits are not taxable at the state or federal level.
- You cannot be fired for filing a claim – Employers cannot retaliate against workers for seeking benefits under Workers’ Comp laws.
Each state has its own specific rules, including maximum payout limits and eligibility requirements.
Short-Term Disability Insurance
Short-Term Disability Insurance (STD) is a private insurance policy that provides income replacement if you are unable to work due to a non-work-related injury, illness, or pregnancy. Some employers offer STD coverage as part of their benefits package, while others require employees to purchase it independently.
Key Features of Short-Term Disability Insurance:
- Covers non-work-related injuries and illnesses – If you get sick or injured outside of work, STD replaces a portion of your lost wages.
- Waiting period applies – There is typically a waiting period (often 7 to 14 days) before benefits begin.
- Pays a percentage of your income – Most policies cover 50% to 70% of your salary for a limited period, usually 3 to 6 months.
- Medical conditions covered vary – Coverage often includes recovery from surgery, pregnancy complications, or serious illnesses like cancer.
- Employer-provided or privately purchased – Some employers offer STD as a benefit, but many employees must purchase it independently.
Unlike Workers’ Comp, STD does not cover medical bills. It is strictly designed to replace lost wages when you’re unable to work due to a non-job-related medical condition.
Differences Between Workers’ Comp and Short-Term Disability Insurance
| Feature | Workers' Comp | Short-Term Disability |
|---|---|---|
| What It Covers | Work-related injuries & illnesses | Non-work-related injuries & illnesses |
| Who Pays? | Employer's Workers' Comp insurance | Employer or private insurance policy |
| Medical Bills Covered? | Yes, fully covered | No, only wage replacement |
| Wage Replacement | ~66% of wages (varies by state) | 50-70% of wages (depends on policy) |
| Duration of Benefits | Until medically able to return to work (or permanently disabled) | Typically 3-6 months |
| Taxable? | No, benefits are tax-free | Sometimes, if employer-paid |
| Waiting Period? | No waiting period | 7-14 days before benefits start |
| Who Qualifies? | Employees injured on the job | Employees with qualifying medical conditions (not work-related) |
Can You Receive Workers’ Comp and Short-Term Disability at the Same Time?
Generally, you cannot collect both Workers’ Comp and Short-Term Disability benefits for the same injury. If your injury is work-related, Workers’ Comp will be your primary source of benefits. However, there are a few exceptions where they might work together:
- If you initially apply for Short-Term Disability while waiting for a Workers’ Comp claim to be approved, you may need to reimburse the STD insurer once you receive Workers’ Comp payments.
- If your workplace injury later leads to a non-work-related medical issue, you might transition from Workers’ Comp to Short-Term Disability.
- Some policies allow partial STD benefits if Workers’ Comp doesn’t fully replace lost wages.
Because the rules are complex, consulting an attorney can help ensure you’re receiving the maximum benefits you’re entitled to.
How We Can Help
Filing a Workers’ Comp or Short-Term Disability claim can be complicated, especially if your employer or insurance provider denies your claim. You don’t have to go through this process alone. At Harper, Evans, Hilbrenner & Netemeyer, we help injured workers get the benefits they deserve.
Why Choose Us?
- Proven track record – We’ve successfully handled countless Workers’ Comp and disability claims.
- Experienced legal team – Our attorneys understand Missouri Workers’ Comp laws and insurance regulations inside and out.
- Personalized attention – Every case is unique. We work closely with our clients to ensure they receive the best outcome.
What We Can Do for You
- Help you file a Workers’ Comp claim or appeal a denied claim.
- Assist in Short-Term Disability claims and disputes.
- Maximize your benefits if you qualify for both types of coverage.
- Protect you from employer retaliation or wrongful termination.
If you’ve been injured on the job or are struggling to receive the disability benefits you deserve, contact Harper, Evans, Hilbrenner & Netemeyer today. Our experienced attorneys will fight to ensure you get the compensation and protection you’re entitled to.
Call us now for a free consultation and let us help you secure your financial future!
