Can I Get Workers’ Comp and Disability?

Workplace accidents are common in the United States. Every year, there are approximately 4.53 million work-related injuries in the country that are medically-consulted. These injuries lead to countless lost work hours that affect both the workers and their employers.

If you’ve suffered a workplace accident resulting in injuries, you need to have a work injury lawyer by your side. They can help you navigate the tricky process of applying for workers’ compensation and any other benefits you could be entitled to, including Social Security disability. 

A common question people who suffer workplace injuries have is, “Can I get workers comp and disability?” Here’s a closer look at what both of these options are and why it’s possible to apply and receive both.

Workers’ Compensation Versus Disability Benefits

Often, people confuse workers’ compensation and disability benefits, or they lump them together. It’s true that both options offer monetary support for workers who’ve suffered injuries or illnesses, but they provide distinct benefits. Their requirements also vary.

Workers’ comp covers work-related injuries and illnesses. If the employee dies from a work accident or illness, their dependents can receive their workers’ compensation. Injuries outside of work aren’t eligible for workers’ comp.

Disability insurance can cover things like mental health concerns and diseases like multiple sclerosis. It can also cover physical impairments that result from an accident that occurred outside of work. However, it doesn’t cover injuries sustained in the commission of a crime.

How Workers’ Compensation Works

Workers’ comp is a government-mandated program that provides support to people who suffer injuries or illnesses from work-related causes. It’s handled primarily through the states, which is why the requirements can vary greatly. That’s one of the reasons that getting a workers’ compensation lawyer is crucial.

In New Jersey, workers’ compensation is a requirement for all employers. It’s a no-fault system, which means the employee doesn’t have to prove negligence in order to collect benefits.

It applies to employees who’ve been in workplace accidents as well as those who’ve worked in environments with harmful substances or allergens. Workers’ comp also applies if you sustained a repetitive stress injury, which develops over time.

Repetitive stress injuries are common office injuries, but any worker can suffer from them.

People who are exempt from receiving workers’ compensation include:

• Unpaid volunteers
• Unpaid interns
• Sole proprietors with no employees
• Independent contractors

Workers’ compensation can help cover a variety of losses, including medical expenses. Keep in mind that New Jersey allows the insurance carrier or the employer to choose the healthcare provider for the treatment the employee needs.

If there are ongoing medical care costs while the recovery takes place, workers’ comp covers these, too. It also covers lost wages if you’re unable to return to work for a while as you recover and get treatment. For those who can’t work for at least seven days, it’s possible to get temporary total disability benefits.

If you return to work but can’t perform the job in the same capacity you did before, then you may be able to receive permanent partial disability benefits. Employees who’ve lost two major body parts or aren’t able to work at all can be eligible for permanent total disability benefits.

In instances when an employee dies because of a workplace accident or illness, the family can receive death benefits. This helps cover funeral costs.

How Social Security Disability Insurance Works

Social Security Disability Insurance is a program that the federal government runs. Anyone who works pays into SSDI through their paychecks. The program offers benefits to disabled workers and their dependents. For people who are no longer able to work, SSDI pays for some of their lost income.

It’s crucial to understand that SSDI has a very narrow view of what disability means. For one thing, this program doesn’t provide partial or temporary disability benefits.

Under the Social Security Act, a person is considered to be disabled if they can’t work because of a severe medical condition that has already lasted a year, is expected to last at least that long, or will lead to death. The condition has to prevent them from doing the work they performed in the past and keep them from future work.

Unlike workers’ compensation, SSDI covers injuries and illnesses that didn’t occur in the workplace. However, you need to have earned enough credits over the past 10 years to qualify.

Collecting Workers’ Compensation and SSDI at the Same Time

These two types of benefit programs are unconnected, so it’s possible to apply for both if you’ve suffered a workplace injury or illness. If you receive workers’ compensation and the injuries are severe enough that you’ll be unable to work for at least 12 months, you should apply for SSDI.

Keep in mind that your Social Security benefits can be reduced if you receive workers’ comp. The SSA can lower your SSDI so that it covers less than 80% of what your income was before the injury.

Because workers’ compensation tends to be temporary, if you stop receiving it, you need to let the SSA know so that they can consider whether you’re eligible for higher SSDI rates.

How Workers’ Compensation and SSDI Define Disability

Workers’ compensation and SSDI define disability differently. Workers’ comp considers you to be disabled if the injury or illness you sustained keeps you from being able to work in your regular capacity, even if it’s a temporary issue. That’s not the case with SSDI.

SSDI requires that the disability be serious enough that it doesn’t allow you to do any kind of work. If the disability is permanent, it’s possible to apply for both permanent total disability benefits and SSDI benefits.

Getting Approved for Workers’ Compensation Payments and Disability Benefits

If you’ve suffered a construction site injury that has left you unable to work at all for at least a year, what steps do you have to take to get approved for workers’ compensation and SSDI?

When getting ready to apply for workers’ compensation, the first thing you need to do is to report the accident and injury to your employer. You don’t have unlimited time to do this. It’s always a good idea to report the injury in writing and to note the date and time when it took place.

You then need to get medical treatment as soon as possible and follow all of your doctor’s recommendations. As you get treatment, you need to stay updated on the status of the claim. Your employer has to file the claim within 21 days after receiving your notice of the injury. If they don’t, then you need to hire a lawyer.

You can apply for SSDI online or over the phone. It typically takes anywhere from three to five months to receive a response. Unfortunately, it’s very common for the federal government to deny these claims. Because of the complexities involved in the process, you need to turn to experienced lawyers.

Denials Are Common for Workers’ Compensation and Social Security Disability Benefits

Filing a claim for either worker’s compensation or SSDI is difficult, with many potential pitfalls in the process that make it likely you’ll receive a claim denial if you try to do everything on your own.