Do I qualify for short term disability after settling my workman's comp claim?

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Anonymous Nov 4, 2011 Employment 3 views 4 answers

I settled my workmans comp claim for $9,000 after a lower back injury. I did not miss work and I had no surgery but I did have ongoing therapy which ended last year. It is now 1 year later and I have sciatica. I want to go on short term disability from work. My doctor told me it is likely that the sciatica is a result from the previous injury. I have released my employer/insurer from all future medical payments for this injury. But I am paying into a short term disability fund at work so my question is, can I still go out on short term disability even though the initial workmans comp injury is probably the reason for the sciatica?

Attorney Answers

Mitchell HorwitzWorkers' Compensation LawyerJoliet, IL

Mitchell HorwitzWorkers' Compensation LawyerJoliet, IL · Jun 15, 2026

Good question. The best way I know of to answer this is to discuss it with the STD carrier, or a human resources person at work. Looking at the policy may be needed. I don't see what you have to lose by claiming it. There is no law that really covers this. It's all about the terms of the STD policy. Good luck Mitch Horwitz

0 upvotes

tephen Laurence HoffmanPersonal Injury LawyerChicago, IL

tephen Laurence HoffmanPersonal Injury LawyerChicago, IL · Jun 15, 2026

Your earlier settlement precludes future recompense from your employer unless there is a new injury that aggravates the prior one. I am not an expert on short term disability but would suggest you consult an attorney about this denial. Stephen L. Hoffman Law Office of Stephen L. Hoffman LLC Chicago, IL 773-944-9737 Email: [email protected] Website: www.hofflawyer.com Blog: www.hofflawyer.com/blog/

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Charles Candiano

Charles Candiano · Jun 15, 2026

It sounds as though you settled your WC claim without an attorney for short money. This should NOT affect your eligibility for short term disability (STD). STD may ask if it is related to a work-injury for the purpose of knowing whether they have a right of subrogation (whether they can get their money back, at some point). If this question is asked, you should answer "no" because there is no open WC claim. Good luck.

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Gary Newland

Gary Newland · Jun 15, 2026

The first thing you should consider is if you agravated your injury. If it was agravated at work you have another work comp case. Everytime you Hirt your back at work you have a new case. If you did not hurt it at work again then short term disability is an option.

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