Exploring Workers' Compensation and Disability Benefits: Insights from Charles Spinelli

Can You Collect Workers' Compensation and Disability Benefits Simultaneously? Charles Spinelli Explains


According to Charles Spinelli, if you are considering claiming workers' compensation and disability benefits simultaneously, it is crucial to recognize that the definitions of disability differ between the SBWC and SSA. Under workers' comp, eligibility hinges on whether a workplace injury hinders your ability to fulfill your current job responsibilities.

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On the contrary, Social Security benefits are only accessible if you are deemed disabled, indicating an inability to engage in any form of work, including both previous roles and alternative occupations.

In cases of permanent disability resulting from a work-related injury, you may qualify for permanent total disability benefits in addition to SSDI benefits concurrently.

If you find yourself in a situation where you have to transition to a lower-paying job due to a disability, you may be eligible for temporary partial or permanent partial disability benefits under workers' compensation. It's important to note that if you start earning income in this scenario, you may not be able to receive SSDI benefits concurrently.

How exactly do Workers' Compensation and Social Security Disability Insurance work?

Workers' compensation insurance is coverage provided by your employer to assist injured workers in affording medical care and related expenses. The law mandates that workers' comp must cover you from your first day of employment.

If covered, you can file a claim to receive benefits such as medical expenses, supplemental income based on your earnings, and disability benefits. Qualifying for workers' compensation doesn't require the injury to be work-related, but it must have occurred while on the clock to be eligible for benefits. For example, injuries sustained while traveling for work generally qualify for benefits.

On the other hand, Social Security Disability Insurance (SSDI), a federal program managed by the Social Security Administration (SSA), is funded through contributions from workers' paychecks. It is designed to offer income to disabled individuals unable to work due to certain conditions. SSDI resembles worker's compensation in that it requires a disabling condition to qualify for benefits, which continue until the individual can return to work.

Unlike worker's compensation, SSDI covers disabilities not related to work injuries and has specific eligibility criteria, including earning sufficient work credits, contributing to SSDI through prior employment, having a recognized disabling condition, and being unable to work for at least a year or having a long-term condition.

Can you collect Workers' Compensation and SSDI at the Same Time?

Charles Spinelli explains that since workers' compensation and SSDI are two distinct entities, it's important to note that receiving one doesn't automatically disqualify you from collecting the other. Suppose you sustained an injury at work and are in the process of applying for SSDI benefits. In that case, you can still receive workers' compensation benefits concurrently, which can serve as valuable additional income.

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As per the Georgia State Board of Workers' Compensation (SBWC), concurrently receiving both SSDI and workers' compensation is feasible. However, it's crucial to note that your Social Security benefits could be adjusted accordingly.

The Social Security Administration (SSA) holds the authority to reduce these benefits to ensure that your total compensation stays within 80% of your pre-injury income. Notably, workers' compensation benefits are typically temporary compared to SSDI. If your workers' compensation ends while you're still receiving Social Security, promptly informing the SSA is vital. In certain instances, ceasing workers' compensation might even make you eligible for increased Social Security benefits.

How can you qualify for workers' compensation payments and disability benefits?

If you've experienced a long-term injury in a workplace accident or another incident, it's crucial to initiate your claims promptly. Charles Spinelli says reporting your work injury, filling out a Form WC-14 with the SBWC, informing your employer and their insurance company, obtaining essential medical treatment, and seeking advice from a workers' compensation or disability lawyer increase your chances of securing the benefits you're entitled to while safeguarding your rights.

Charles Spinelli writes about different topics on business. Read his blogs by clicking on this link.

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