Can You Collect Workman's Comp and Short-term Disability at the Same Time

Can You Collect Workers' Compensation and Disability at the Same Time

Workers' compensation benefits include medical compensation and wage benefits. In addition, if your work injury prevents you lot from working, you may be eligible for disability benefits while you recover. This leads many workers to wonder if they tin collect workers' compensation and disability insurance simultaneously.

In short, yes, it is possible to receive workers' compensation benefits and Social Security Disability (SSD) benefits at the same time. To do so, you will need to qualify for both. Y'all should too understand that receiving SSD benefits may bear on how much you tin can collect from your workers' compensation claim.

Workers' Compensation Versus Disability Benefits

First, let'south look at the key differences between workers' compensation and disability insurance. At that place are several to note between the two.

How Workers' Bounty Works

Workers' compensation, or workers' compensation, is insurance your employer purchases to cover workers who get injured at work:

In Georgia, employers with three or more regular employees must comport workers' bounty, and then most workers have coverage.
You lot become covered past workers' comp from your get-go day of employment.
Subsequently a piece of work injury, you can file a workers' comp claim to comprehend your medical costs and supplemental income if y'all can't piece of work for a certain menses.

To qualify for workers' compensation , your injury does non take to happen while y'all are performing work duties. However, it does need to occur while you are at work. For case, in some situations, you may be covered if you are injured while traveling for work.

How Social Security Disability Works

SSD is a federal plan, and benefits get provided through the Social Security Administration (SSA) . If you have worked a chore, you've paid into SSD through a portion of each paycheck.

SSD is meant to provide you with income if you become disabled and unable to piece of work. You must have a disabling condition that prevents you lot from working. Unlike workers' compensation, your inability does not need to result from a work-related injury or status.

To authorize for Social Security Disability , you must take:

Earned enough work credits over the past 10 years
Paid into SSD through your previous employment
Have a condition that the SSA recognizes every bit disabling
Exist unable to piece of work for at least a year or have a condition that is expected to cease in death

Both workers' compensation and SSD benefits typically continue until you can render to work regularly, if at all possible.

How You lot Can Collect Both Workers' Compensation and Disability

Since workers' compensation and SSD are 2 separate entities, receiving one does not disqualify yous from collecting the other. In fact, employees who were hurt at piece of work can receive workers' compensation as helpful supplemental income if they are now disabled and waiting to get accepted for SSD benefits.

Still, what you collect from both workers' compensation and disability benefits can't be more than than eighty% of the previous income you were earning.

According to the Georgia State Lath of Workers' Compensation (SBWC) , while you tin can be paid Social Security and workers' compensation at the same time, your Social Security benefits might exist reduced as a result. This might limit the full benefits you can receive, as the SSA will subtract from your SSD benefits to bring the total you're receiving below 80% of your previous income.

Workers' bounty is typically provided on a more temporary basis than SSD. If your workers' compensation ends while yous are nevertheless getting Social Security benefits, you will need to let the SSA know. You might be eligible for higher Social Security benefits if y'all no longer collect workers' compensation.

Defining Disability: Workers' Compensation Versus Social Security

Proceed in mind that the SBWC and SSA define disability quite differently. Under workers' comp, yous are covered if a piece of work injury prevents you from performing your current job duties. You typically receive temporary total disability benefits, which assume you will return to work subsequently your treatment.

On the other hand, Social Security can just be collected when you are totally disabled. That means y'all cannot perform any type of piece of work, including previous jobs or any other jobs. If you are permanently disabled because of your work injury, yous might be able to receive permanent total disability benefits concurrently equally SSD benefits.

You may also have admission to temporary fractional or permanent fractional inability benefits through workers' compensation if you have to take a lower-paying job when you lot render to piece of work. In this state of affairs, you would not be able to collect SSD benefits at the same time because you are still making an income.

Getting Approved for Workers' Compensation and Disability Benefits

After a work injury that leaves you disabled, you should get started with your claim as soon every bit possible. You will demand to:

Study your piece of work injury to your employer
Complete and file a Form WC-14 with the SBWC
Send a re-create of the class to your employer and their insurance company
Get all the necessary medical treatment for your injuries
Contact a Georgia workers' compensation lawyer who tin can help you with your claim and protect your rights

If y'all win your workers' comp claim, it doesn't touch your ability to seek SSD benefits or whether or not you'll get accustomed for benefits. That being said, you should also get started on your SSD application, as it tin take many months to get approved for benefits.

For a complimentary legal consultation, call 404-400-4000

Denials Are Mutual for Workers' Compensation and Social Security Inability Benefits

Unfortunately, many applicants become denied for SSD benefits and workers' bounty on the starting time try. However, don't get disheartened. There are many legal options bachelor for you lot that you can take advantage of to ensure you become the financial do good you deserve.

Call back, workers' compensation and SSD benefits aren't a form of charity. Y'all worked difficult for the benefits they offer, and then don't just throw in the towel after your first rejection. You tin can brand appeals and utilize the law to your reward. The all-time mode to do this is to seek legal assistance as soon as possible.

It'due south best to have a lawyer evaluate your application or your workers' compensation instance so that you lot take the best take chances at approval. But, remember, don't look until the concluding infinitesimal to act on your situation. The longer you wait, the more challenging information technology becomes to get compensation or your benefits.

What Our Lawyers Can Practice for Y'all

We highly recommend contacting a lawyer who has experience with both workers' compensation and SSD claims. Depending on your situation, at that place are sometimes advantages to filing for ane before the other. Our lawyers can suggest you on the best course of action for your state of affairs and your needs.

For workers' compensation and SSD cases, our lawyers can:

Help yous file all your legal applications, documents, and paperwork accurately so that at that place are no bug.
Prove your workers' compensation or SSD case by gathering evidence that supports your injury or condition.
Talk to experts in various fields to obtain their supporting testimony on your behalf.
Represent you and your best interests at all times against the insurance visitor or the SSA.

Talking to ane of our lawyers comes with null risk or obligation. Remember, our main goal is to run across y'all succeed and win your benefits. You pay us nothing upfront, and if we can't win your example or go yous approved for SSD benefits, you don't take to pay u.s. for our services.

Talk to a Georgia Workers' Bounty Lawyer for Complimentary Today

Both workers' compensation and disability benefits can help you brand ends meet afterward an injury or condition prevents you lot from working. At John Foy & Assembly, we accept more than than two decades of experience helping individuals with both types of claims, and we can help y'all, besides.

Contact us today, and we'll give you lot a gratis, risk-free consultation to talk over your options. Call us or contact us online to schedule an engagement today.

Call or text 404-400-4000 or complete a Free Case Evaluation form

The data on this website is for full general information purposes only. Nothing on this site should exist taken as legal communication for any individual case or situation. This data is not intended to create, and receipt or viewing does not found, an chaser-customer relationship.

mcwilliambeerbeen.blogspot.com

Source: https://www.johnfoy.com/faqs/can-you-collect-workers-compensation-and-disability-at-the-same-time/

McWilliam Beerbeen