If you’re injured on the job, you have a couple of options when it comes to receiving compensation for your injuries: social security disability and workers’ compensation.
While both of these options provide you with compensation, it depends on the circumstances as to which of the two you are eligible to receive.
Below, we’ll take a look at some of the differences between disability and workers’ comp, and how you can know which you qualify for.
Social Security Disability
Social security disability benefits are put into place in order to provide you with funds should you find yourself disabled from an injury on the job. Your injury or illness must be permanent or prevent you from returning to work for a time.
Social security disability isn’t paid directly through your employer, but is used to make up for lost income. It’s also usually paid in weekly installments.
Workers’ Compensation
Workers’ compensation is a requirement for most Florida employers, and it’s offered when you’re injured on the job. Workers’ comp covers you in cases when your employer could be held liable for your work injuries.
Workers’ comp laws are not the same in every state. In Florida, for example, requirement to provide coverage varies by industry. Construction companies with one or more employees must carry workers comp insurance. Non-construction type of companies are required to carry insurance if they have four or more employees. In our neighboring state of Georgia, on the other hand, any business with three or more employees, including part-time employees must provide coverage.
The idea of workers’ compensation is to get your medical bills paid and to provide a percentage of your weekly salary so you don’t have to file a lawsuit against your company. You still can file a lawsuit in many states, however.
The Overlap
Both social security disability and workers’ comp are technically considered government benefits. While you may qualify for both of them, it isn’t possible to receive the full amount of each at the same time.
According to the Social Security Administration, it’s only possible to receive both workers’ comp and disability benefits if the total amount of both combined doesn’t exceed 80% of your average income before you were injured.
Since the details and compensation amounts can become muddled, it’s recommended that you speak with an experienced attorney to make sure that you maximize your benefits after a work injury.
Our Tampa attorneys at Lorenzo & Lorenzo are fully versed in work injury disputes and dealing with social security disability. If you’ve been injured on the job, give us a call for a free consultation and let us help you begin receiving the benefits you need and deserve.