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Rosenberg | Kirby | Cahill | Stankowitz & Richardson

Protecting The Injured

Call 732-908-7239 to schedule a legal consultation

Call 732-908-7239 to schedule a legal consultation


Comprehensive Experience And Proven Results

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Should you file a claim for workers’ compensation or disability?

A recent illness left you unable to work or earn a living. Your employer has workers’ compensation insurance, but you do not know if you should file a claim or turn to disability insurance instead.

To help ensure you protect whichever claim you make, Chron breaks down the difference between workers’ comp and disability. Get the medical attention you need and deserve from the right source.


When workers suffer illnesses or injuries that prevent them from making a living, they may seek compensation through either disability or workers’ comp. Both coverage types differ according to geographic location and job role, and both benefits only compensate injured employees for a percentage of their regular wages. Those who intentionally harm themselves do not qualify for either coverage.


Workers’ comp only pays lost wages and medical bills for illnesses and injuries stemming from performing standard work duties. If you hurt yourself off the clock and the injury prevents you from working, you do not qualify for workers’ comp.

Disability insurance takes care of lost wages stemming from harm or illness. Just as employers pay for workers’ comp premiums, workers pay for disability coverage if their company sponsors such a plan.


No matter which claim you file, your monetary payments do not cover your entire salary. Depending on the disability plan, you may not even receive half your full salary. If you work in a sector that puts you at risk of long-term harm, you may face higher disability premiums.

By comparing your disability plan and your company’s worker’s comp plan, you make a decision you feel comfortable with. You deserve to make a full recovery and get back to your everyday routine on and off the clock.