Another disability question

[robbob]

What is the name of your state? Massachusetts
My wife was involved in a car accident when she was eight and a half months pregnant (the baby was okay). She injured her wrist and she last saw her doctor on 2.9.04, he said her wrist was better to the point she could return to work. The auto insurance company agreed to pay her lost wages from 12.18.03, minus a couple of days she tried to work, but had to leave due to wrist pain, until 2.9.04, once her employer fills out the lost wage form.
She also has short term disability insurance through her job which should pay her for maternity leave(baby born on 1.27). The disability insurance company is dragging its feet in paying out, and her empoyer is questioning filling out the lost wage form, because she is out on maternity.
Because my mortgage payment is due the first of the month, money from one, or both of the insurance companies would be helpful. Is my wife entitled to both the short term for the maternity and the lost wages from the car insurance? Would this be considered double dipping, or would they be considered two seperate issues?

Thanks

 

[cbg]

This is less of a legal question that it is a contractual question. One would have had to have read both the short term disability policy and the auto insurance policy to give you a carved-in-stone answer.

However, speaking on the most likely scenario, I find it hard to believe that your wife is entitled to lost wages from the car accicent, for a period in which she is not actively at work.

 

[Beth3]

"Is my wife entitled to both the short term for the maternity and the lost wages from the car insurance? Would this be considered double dipping, or would they be considered two seperate issues?"

I question whether your wife is eligible for payment of any lost wages as well. If she was out on maternity leave (which isn't exactly clear from your post) when the accident occurred, there are no lost wages to be paid.

If that happens however, the most likely scenario is that the the claim would be subrogated. That is, if the secondary payor paid benefits to your wife, they would look to the primary payor for reimbursement. The employer's plan almost certainly calls for subrogation of benefits in the event that the employee's or at-fault party's auto insurance or some other carrier has primary liability.