All The Benefits: Getting Both Workers’ Comp And Social Security

If you have been hurt while working at your job, you are entitled to workers' compensation. This form of help is provided to you by your employer at no extra charge, and you can have your medical bills covered as well as paid time off to recover. If your injury turns out to be more severe, you can expect even more help. Read on to learn more about getting all the benefits you are entitled to get from both workers' comp and Social Security.

Getting A Workers' Comp Settlement

You are covered for work-related injuries from your first day on the job. Every state has their own rules, but generally you must undergo a special medical examination to determine whether or not your injury has healed enough for you to return to work, or if you are dealing with a permanent injury. Once you are ruled to have a permanent injury, you are entitled to a settlement from the insurance carrier. This settlement can be lump sum or given out over regular payments. The way this settlement is negotiated and structured is important, so be sure to consult with an attorney to make the most of it.

Getting Covered Under Social Security Disability Insurance (SSDI)

The process of getting approved for SSDI payments is a lot more difficult than that of workers' comp. Your work-related injury must make it so that you cannot work for at least a year (in the past or in the future), and there is a long wait for benefits, in most cases. This benefit is directly connected to how much you have worked in the past and is based on something known as work credits. Once your benefits are approved, you must still undergo a mandatory 5 month waiting period before the monthly checks begin to arrive.

Coordinating Benefits

It is possible to receive both SSDI and workers' comp benefits at the same time, but there are few limitations. You will receive your full workers' comp benefit, but your SSDI benefit will be reduced until it aligns with no more than 80% of your previous salary. The actual calculation can vary, since each state uses different workers' comp rules. Additionally, some expenses related to your injury may allow you to earn more.

Structured Settlements

The way your workers' comp benefits are paid to you could mean that you can get more money from both programs. This is a complicated issue and requires the services of a workers' compensation lawyer to negotiate for the payment plan that most benefits you. 


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