Can You Receive Workers’ Comp and Disability Benefits at the Same Time?

Published on Jan 30, 2024 at 7:32 pm in Workers Compensation.

Can you receive workers' comp and disability benefits at the same time

Are you or someone you know facing the challenge of recovering from a work-related injury or disability?

If so, you’re not alone.

Navigating the world of workers’ compensation and disability benefits can be overwhelming, and it’s essential to be informed about your options.

You may be wondering if it’s even possible to collect both workers’ compensation and disability benefits simultaneously. The short answer is yes. But, not surprisingly, there are some further details and considerations to explore.

In this blog, we’ll share some insights, answers, and practical advice on how to make the most of these essential benefits. Whether you’re a worker recovering from an injury or just seeking knowledge on this topic, we’ve got you covered.

So, let’s jump in and learn how you can receive the support you need when you need it the most.

Understanding Workers’ Compensation and Disability Benefits

Workers’ compensation and disability benefits are two distinct forms of financial support for individuals who are unable to work due to an injury or disability. It is important to understand the differences between these programs and the eligibility criteria for each.

Workers’ Compensation

Workers’ compensation is insurance that’s purchased by employers to cover employees who suffer work-related injuries, and workers’ comp eligibility focuses on an employee’s inability to perform their current job duties.

Workers’ compensation provides benefits like wage replacement and medical care for work-related injuries. These benefits are relatively straightforward to obtain, as they are based on specific work-related injuries.

Disability Benefits

Disability benefits, on the other hand, are provided through a federal program for individuals who become disabled and unable to work. These benefits are intended to provide income support for those who are unable to engage in substantial gainful activity.

Qualifying for disability benefits, such as Social Security Disability Insurance (SSDI), can be more challenging. SSDI benefits require meeting the specific definition of disability set by the Social Security Administration. Specifically, the inability to perform any type of work, not just the individual’s current job.

The differences in the definition of disability for workers’ compensation and SSDI benefits are important to understand. It means that an individual may qualify for workers’ compensation benefits due to a work-related injury but may not meet the criteria for SSDI benefits if they are still capable of performing other types of work.

Receiving Both Workers’ Compensation and Disability Benefits Simultaneously

It’s possible to receive both workers’ compensation benefits and disability benefits if the eligibility requirements for both are met and receiving one benefit does not disqualify individuals from receiving the other.

It’s important to note, though, that the total amount of benefits combined cannot exceed 80% of the individual’s previous income. If the maximum allowed benefits are exceeded, SSDI benefits may be reduced.

The coordination and offset between workers’ compensation and disability benefits can be complex, so it’s a good idea to seek the assistance of a workers’ comp attorney experienced in both to best navigate this process.

A qualified Baltimore workers’ compensation lawyer has the knowledge and experience to help ensure that you receive the maximum benefits you’re entitled to while avoiding any potential reductions or offsets.

Coordination and Offset Between Workers’ Comp and Disability Benefits

Coordinating workers’ compensation and disability benefits is crucial to ensure individuals receive the maximum benefits they are entitled to.

In some cases, SSDI benefits may be offset or reduced if the individual exceeds the maximum allowed benefits when combined with workers’ compensation benefits. It is important to have a clear understanding of these potential offsets to maximize the financial support individuals receive.

It is also important to note that workers’ compensation benefits are usually temporary, while disability benefits can be long-term or even permanent.

Applying for and Receiving Both Benefits

It is crucial to start the claims process for both workers’ compensation and disability benefits as soon as possible after a work injury. Under Maryland workers’ compensation laws, you should report an incident to your employer within the following time frame:

  • 10 days of an accidental injury
  • 30 days of a fatality caused by a work-related accident
  • One year of discovering a work-related illness
  • One year after a death caused by a work-related illness

Delays in filing can result in potential loss of benefits. It is also important to be aware that denials for both workers’ compensation and disability benefits are common.

However, there are legal options available for appeals and seeking further assistance. Navigating the process of applying for and receiving both workers’ compensation and disability benefits can be complex and confusing.

An experienced workers’ compensation attorney can guide you through the application process, help gather necessary evidence, obtain expert testimony if needed, represent their best interests, and provide valuable guidance throughout the process.

They can help you gather the necessary documentation, navigate potential challenges, and present a strong case to maximize the chances of a successful claim.

Key Takeaways

  1. Workers’ Compensation and Disability Benefits are distinct programs, and you can often access both because they serve different purposes.
  2. The process involves meeting specific eligibility criteria, including the nature of your injury, your ability to work, and medical evaluations.
  3. Coordination between these benefits can impact the amount you receive, and it’s crucial to understand how they interact.
  4. Seek legal or professional advice to navigate the complexities, as laws and regulations can vary by location.

The answer to the question of whether you can receive Workers’ Compensation and Disability Benefits at the same time is generally yes, but it still depends on various factors. Ultimately, these factors will vary based on your specific details and circumstances.

Remember, knowledge is your greatest tool when facing a work-related injury or disability.

Stay informed, seek the support you need, and make the best decisions for your well-being.

If you have further questions or need assistance, consult with legal or benefits professionals. They can provide you with personalized guidance to navigate this complex terrain and ensure that you receive the support you deserve!



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