I worked for an employer where I was seriously injured on the job. At the time of this accident my ERISA LTD was not efective yet. I received Workmans Comp Benefits for these injuries. A few months after this accident I returned to work in a lower paying sedentary position that offset my Workmans Comp Benefits. After being on the job for a couple of months I developed serious back issues which took me off of the job again. It was determined by numerous doctors that the back issues were not in any way related to the Industrial Accident and would not be covered by Workermans Comp. Shortly after my industrial accident my LTD had went into effect and was prior to my back issues. It has been determined by the policy definitions of pre-existing, that the back injury was not a pre-existing condition. I am receiving Workmans Comp Benefits again for the industrial injuries. I had to apply for Social Security Disability Benefits (which I am now receiving) according to the ERISA LTD Policy. The Insurance Company is wanting to settle the claim by offering me a lump sum. They are offsetting the Social Security Disability, which I do understand. They are also wanting to offset the Workmans Comp benefits that are in no way related to this claim. So my question would be rather or not they should be entitled to offset the Workmans Comp Benefits. Thank You in advance for any information you can offer me regarding this question.

About The Expert

Amy Bach

Amy Bach has been a professional advocate for insurance policyholders since 1984 and an attorney since 1989. She co-founded United Policyholders in 1991 and serves as the organization's Executive Director and primary spokesperson; shaping and overseeing the Roadmap to Recovery™, Roadmap to Preparedness, and Advocacy and Action programs. She is a nationally recognized expert on insurance claim and legal matters; frequently interviewed in print and broadcast media, and the author of numerous publications including "The Disaster Recovery Handbook", "WISE UP: The Savvy Consumer's Guide to Buying Insurance" and consumer tips and guides in the UP Claim Help Library.  Recognized by Money Magazine as a Money Hero, Bach is in her eighth consecutive term as an official consumer representative to the National Association of Insurance Commissioners, and is a member of the Federal Advisory Committee on Insurance.