If you were hurt at work, you may be able to receive workers’ compensation and disability benefits at the same time. Disability benefits you may qualify for could include Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or private disability insurance.
The rules for each of these programs differ, and there are some caveats you should understand before filing a disability claim. If you have concerns about your workers’ comp benefits or how disability might affect them, an Orlando workers’ compensation lawyer can help you understand your rights and options.
Florida’s Workers’ Compensation System Provides Benefits to Cover Wage Losses
Florida’s workers’ compensation insurance system provides benefits for workers who are hurt on the job. In addition to paying for authorized medical care for their work-related injuries, wage loss benefits are available in the form of one of the following types of disability payments:
- Temporary Partial Disability (TPD) benefits for those who can work while recovering but not at full capacity
- Temporary Total Disability (TTD) benefits for those who cannot work at all until their injuries heal
- Permanent Partial Disability (PPD) benefits for those with permanent disabilities that still allow them to perform some gainful activity
- Permanent Total Disability (PTD) benefits for those with permanent catastrophic injuries that will likely prevent them from working for the rest of their lives
These benefits are generally tax-free and are available to employees who are injured or become ill while working for covered employers.
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The Social Security Administration Offers Disability Benefits for Serious Impairments
If your medical condition is expected to last a year or more, you could also qualify for Social Security Disability Insurance (SSDI). For those with long-term or permanent workplace injuries, receiving both SSDI and workers’ compensation is possible. However, the money you receive may be subject to an offset.
The Social Security Administration (SSA) imposes a cap on the combined total of your SSDI and workers’ compensation benefits. Your payments from the two programs cannot be more than 80 percent of your average current earnings from before your accident. If your combined benefits push your income beyond this limit, your SSDI payment will be reduced to fall under the cap.
What About Supplemental Security Income (SSI)?
Supplemental Security Income (SSI) is a need-based program for those with limited income, assets, and resources. When assessing whether you meet the criteria for SSI, the SSA will count your workers’ compensation payments as income. This is typically enough to prevent you from qualifying for SSI, but your lawyer can confirm whether this is the case in your situation.
You May Qualify for Disability Payments From a Private or Employer-Paid Disability Policy
Some employees purchase private long-term or short-term disability insurance policies through their employers or directly from an insurance company. These policies are separate from workers’ compensation and work differently than Social Security Disability (SSD).
The rules of this type of coverage will depend on the language in your unique policy. Many disability insurance providers will allow you to file a claim and receive payments if you become disabled, but they reduce the amount you receive based on your workers’ compensation wage loss payments.
How Permanent Total Disability (PTD) and Social Security Disability Insurance (SSDI) Work Together
Under Florida’s Workers’ Compensation Laws, you could receive lifetime workers’ compensation wage loss benefits if you qualify for Permanent Total Disability (PTD). Thankfully, most injured workers recover and can return to the workforce, but if you can no longer work in any type of gainful employment, PTD payments are typically available.
Since PTD benefits require a long-term disability, these workers likely also qualify for SSDI benefits. While the workers’ compensation offset rule will apply to their benefits, the combination of the two programs can help provide long-term financial support.
Many injured workers begin their SSDI claims as soon as possible while still receiving workers’ compensation. If medical evidence shows you have a lasting impairment, you should apply as soon as possible. SSDI applications can take months to process, and denials are common, dragging the process out even longer.
When Should I Talk to a Lawyer About My Workers’ Comp and Disability Claims?
Understanding how to handle the claims process and receive workers’ compensation and disability benefits at the same time can be confusing. An Orlando Social Security Disability lawyer can:
- Help you apply for SSDI while receiving workers’ compensation benefits
- Negotiate a workers’ comp settlement for you to potentially reduce your SSDI offset
- Challenge unfair denials or reductions in benefits
- Coordinate your workers’ comp claim with other disability benefits
- Ensure you understand the laws governing offsets and reductions when SSDI or private insurance is involved
Your attorney will discuss your options and help you weigh what you want to do next to safeguard your financial future. If you are hurt and going to miss a significant period at work or have a lasting impairment, an experienced workers’ compensation attorney can assess your best steps, including whether you should file a disability claim.
An Orlando personal injury lawyer can also help if a third party caused your on-the-job injury. You may be able to pursue a negligence-based claim or lawsuit if someone other than your employer is liable. This type of case allows you to pursue compensation for expenses and losses not covered by workers’ comp or Social Security Disability, including your full lost income, other out-of-pocket costs, and pain and suffering damages.
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Talk to Our Workplace Injury and SSD Team Serving Central Florida for Free Today
Our legal team provides free consultations for employees who were hurt on the job in Central Florida. We have offices throughout the region to assist you in your community. Since 1979, our full-service law firm has helped many clients get justice after workplace injuries. We can assess your case and offer guidance and representation with both the SSD and workers’ compensation claims processes.
Contact our legal team at Bogin, Munns & Munns today. Our experienced attorneys are here when you need us most.
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