If you have been injured at your job, and the injury was serious, you need to work with an attorney who can help you with both your worker's compensation claim as well as a social security disability claim at the same time.
Nature of Your Disability
Qualifying for both worker's compensation as well as Social Security disability really depends upon the nature of your injury. You can qualify for worker's compensation for an injury that requires medical attention one time, or for an injury that requires long-term medical care and rehab. You can also qualify for worker's compensation for an injury that limits or inhibits your ability to work.
Social Security disability is not about a temporary disability or injury. SSD is about an injury that has turned into a debilitating condition that limits your ability to work. SSD is designed for individuals who are no longer able to work because of their disability.
In some cases, when your injury is serious enough, you may qualify for both SSD as well as worker's compensation.
Different Application Process
Next, it is important to realize that the process for applying for SSD is a completely different process than applying for worker's compensation. Although a lot of the same information is submitted for both programs, such as doctor's information and personal pain journals and trackers, the application and approval processes are completely separate and different.
You will not be denied SSD because you are already receiving worker's compensation, insurance benefits, or VA benefits. Your SSD application is based on your medical condition and your ability to work.
Amount of Compensation
Although your application for SSD is not based on other sources of compensation that you are receiving, the amount of compensation and income you are getting from other sources can impact the level of compensation that you will get from SSD. The amount of compensation that you get from SSD can change and fluctuate over time.
Next, the amount of compensation that you are getting from your worker's compensation will impact your ability to get SSD. SSD allows you to collect a certain percentage of your earnings before you were injured. If your worker's compensation is already compensating you at that amount, you are not going to qualify for SSD. If your worker's compensation does not meet that percentage, SSD can be used to fill in the gap between your worker's compensation and your previous salary. If or when your worker's compensation ends, your SSD can be increased to fill in the gap left behind.
If you have been injured at work, and you are not going to be able to work anymore or work at the same job anymore, talk to an attorney, such as at Gordon & Pont, who can help you navigate all of your benefit options as you deal with your new, life-altering disability.