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Public sector employees

Public sector employees have specific setoff issues that must be dealt with when it comes to their disability payments due.  These issues can affect the checks for temporary benefits (TTD and TPD) and claims for permanent benefits(PPD and PTD).  There are multiple types of disability benefits that must be considered by the claimants lawyer.

Receipt of accidental disability retirement benefits will affect the entitlement to permanent disability awards.    The general principle is that the legislature did not wish for injured workers to receive a double recovery.  Therefore, special attention should be given to the receipt of benefits by the employer and whether anything is due from the workers compensation carrier.  The other general principle is that workers compensation benefits are not usually payable to the injured worker if that injured worker is receiving a similar benefit from the employer.  An injured worker can claim benefits if the workers compensation payment would equal more money for the injured worker.  The rules of setoff for county, state and municipal workers can get tricky depending upon who the correct employer was and the type of benefit being received from the employer versus the type of benefit being claimed by the claimant.