If you suffer from a lasting injury or illness that happened while at work and it is expected to prevent you from working for at least 12 months, you may be able to file a claim for both Workers’ Compensation (WC) and Social Security Disability Insurance (SSDI). 

Filing for both programs can be complex and time-consuming, but at Nyman Turkish, we are dedicated to assisting you. 

Benefit Options if You’ve Been Injured on the Job 

There are several options when it comes to financial assistance if you’ve been injured on the job. In this article, we will break down Workers’ Compensation, SSDI benefits, and State Disability Insurance (SDI). 

Workers’ Compensation  

WC is an insurance policy that employers carry to cover injuries or illnesses that occur due to work-related accidents. It serves as a vital safety net for both employees and employers, providing a structured system of support. 

The policy offers financial support to employees who are injured or become ill due to their work. It may cover essential benefits such as medical care, temporary and permanent disability benefits, supplemental job displacement benefits, and death benefits. This ensures that employees—and their families in the event of a fatal injury—receive the necessary care and financial assistance during difficult times. 

There are several types of work-related injuries that could qualify you for Workers’ Compensation.

Specific Incident Injuries describes injuries resulting from a specific event that happened while you were working, such as slip and fall injuries, burns, or machinery-related injuries. 

Cumulative Trauma Injuries are injuries or illnesses that develop over a period of time related to job duties. Examples include Repetitive Strain Injuries (RSI), hearing loss from prolonged exposure to loud machinery, or toxic chemical exposure from working in a lab. 

Each state has its own set of laws governing Workers’ Compensation, as there are no federal regulations for it. In California, for example, any business with one or more employees is required to carry a Workers’ Compensation insurance policy. However, the requirements and coverage details vary by state, making it important for employers and employees to understand the specific laws in their jurisdiction. 

Here are some helpful tips when applying for Workers’ Compensation: 

• Report your injury to your employer immediately and have an incident report filled out; some states have time limitations on how long you can wait to report 

• Get medical care 

• Hire a Workers’ Compensation lawyer 

• Fill out a claim form and make copies for your records 

Social Security Disability Insurance 

SSDI is a government-funded program that provides supplemental income to individuals who become disabled and are unable to work for at least 12 months. To qualify for SSDI benefits, several requirements must be met. You must have paid FICA taxes for a certain amount of time within the last 10 years, and you must have a qualifying disability that prevents you from working for 12 months or more, as specified on the Social Security Administration’s (SSA) website. Additionally, you must be unable to engage in Substantial Gainful Activity (SGA), meaning you cannot make or earn a certain amount of money within a set period of time determined by the SSA. 

The SSA maintains that if you make the same amount as or more than SGA, then you do not need SSDI benefits. If you exceed this amount, your claim will likely be denied. However, our Firm is experienced in handling SSDI denials and can help you appeal the decision and receive benefits. 

Here are some helpful tips when applying for SSDI benefits: 

• Start your application as soon as you can to ensure you will get the benefits you need  

• Hire an SSDI lawyer  

• Seek medical treatment and begin to keep documentation of these visits for your claim. Medical evidence is one of the most important factors in getting your application approved. 

State Disability Insurance 

Some states offer a disability insurance program that is different from both Social Security Disability Insurance and Workers’ Compensation. While SSDI provides benefits for individuals who are unable to work for at least 12 months due to a disability, SDI programs typically cover those who are temporarily disabled and unable to work for less than a year. 

To qualify for SDI benefits, the disability must not be work related. It’s important to note that individuals cannot receive both SDI and Workers’ Compensation benefits simultaneously, though it is possible to receive both SSDI and Workers’ Compensation benefits. 

Receiving Payments from SSDI and WC 

There is an offset or tax rule if you are receiving both Workers’ Compensation and SSDI benefits, which varies by state. Typically, your total amount of benefits cannot exceed 80% of your average earnings before you became injured or disabled. If your benefits exceed that amount, you may stop receiving payments or your payments may be reduced. It is extremely important to report all Workers’ Compensation benefits to the SSA. 

Denials are common during the process of applying for both programs. However, don’t get discouraged; there are many options to appeal and receive payment. Another similarity between the programs is the urgency. It’s important to start the process as soon as possible to ensure you receive the correct payment, as it can take months for benefits to be approved. 

Fierce Advocacy 

It is highly recommended that you consult an attorney who specializes in both Workers’ Compensation and Social Security Disability Insurance. At Nyman Turkish, our team has extensive experience with both types of claims. We can advise you on when to file, whether to apply for one before the other, and ensure that your Workers’ Compensation agreement includes the important language needed to maximize the benefits you’re entitled to under the law. Additionally, we can calculate the amount you may receive from Workers’ Compensation settlements or SSDI payments, handle all necessary paperwork and documentation, gather critical evidence to support your eligibility, and provide comprehensive assistance throughout the entire process. 

Contact us for a FREE case evaluation today and visit our website to learn more about our no-fee guarantee.