An employee is on Workers Compensation. Can he also submit a Duke Disability claim?
Yes, an employee can be on an approved Workers’ Compensation claim and Duke Disability claim simultaneously. However, any amount received from Workers’ Compensation will be offset from any approved Duke Disability benefit amount. It is to the employee’s advantage to pursue disability while on an active Workers’ Compensation claim because in the event that the Workers’ Compensation benefits cease, the employee who is also on an approved Duke Disability claim will be able to maintain eligibility for Duke benefits. There is no time limit for applying for Duke Disability if the employee is on an active Workers’ Compensation claim.
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