You can receive Social Security Disability (SSD) benefits and workers’ compensation at the same time. There shouldn’t be an issue as long as you qualify for both programs. In fact, some people live off their workers’ compensation benefits while they wait to be approved for SSD benefits.
If you have concerns about getting the benefits you need, you can partner with a lawyer near you. They can assess your situation, explain your eligibility for damages, and move forward with legal action.
Basic Information About SSD and Workers’ Compensation Benefits
In many cases, you can receive both SSD and workers’ compensation benefits because they cover different losses. To determine if you qualify for both types of benefits, it’s useful to get familiar with these programs.
Details About Receiving SSD Benefits
The Social Security Administration (SSA) offers two disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Insurance (SSI). While both programs have similar goals, the eligibility requirements are different.
For both programs:
- You must have a disability that will last at least a year or result in your passing.
- Upon approval, you could receive monthly cash payments and other benefits.
- You must furnish evidence showing that you suffer(ed) a serious condition.
- It could take anywhere from three to five months to get a decision, per the SSA.
Details About Workers’ Compensation in Georgia
Workers’ compensation provides benefits for employees hurt on the job. Most businesses in Georgia have to carry workers’ compensation insurance if they have at least three employees. You qualify for workers’ compensation benefits if you get hurt while performing a task for work. Your employer does not have to be at fault for you to receive compensation.
Additionally, you may receive workers’ compensation coverage even if you do not experience a disabling condition. The coverage helps address your medical expenses and time off at work.
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Information About Receiving Both SSD and Workers’ Compensation Payments
As long as you qualify for both SSD and workers’ compensation benefits, you may receive them at the same time. However, some situations can get complicated. For example, the Georgia State Board of Workers’ Compensation (SBWC) states that you may receive reduced SSD benefits while getting workers’ compensation benefits.
Generally, you can only receive up to 80 percent of your normal income while on either SSD or workers’ compensation. Therefore, if receiving both workers’ compensation and SSD benefits would put you over this 80 percent threshold, the SSD system may reduce your benefits to bring you back to the correct level.
You may speak with a personal injury lawyer if you have further questions about how the SSD and workers’ compensation systems intersect in Atlanta.
Questions and Answers About SSD Benefits and Workers’ Compensation
While considering your legal options after suffering harm, here are some questions you may have on your mind:
How Long does It Take to Get Benefits?
Here are two timelines that may apply to your situation:
- As noted, the SSA takes up to five months to approve SSDI and SSI applications. The SSA also denies 67 percent of applications on their first submission, sometimes dragging out the process for months or years beyond the standard five-month period.
- Upon being approved for workers’ compensation benefits, you’ll get benefits after 21 days of getting hurt. If your injuries last for 21 consecutive days, you will receive payment for the first seven days you were out of work.
When you partner with a lawyer, they can assess your situation and prevent any delays from affecting your case.
What Injuries Qualify for SSD and Workers’ Compensation Benefits?
If you suffered a condition that prevents you from working, you may qualify for workers’ compensation and SSD benefits. Here’s what you need to know:
- Workers’ compensation applies to injuries or illnesses that happen on the job. For instance, if you broke your leg after falling off a construction site scaffolding, you could pursue workers’ compensation benefits.
- When assessing your condition, the SSA will see if your impairment is listed in “the Blue Book.” There are dozens of conditions listed in the Blue Book, and each comes with a percentage based on its severity. The severity of your qualifying condition will determine what you can recover through SSD benefits.
What Would Stop Me from Getting Workers’ Compensation Benefits and SSD?
As noted, if you’re approved for workers’ compensation and SSD benefits, you cannot receive more than 80 percent of your usual earned income. However, some other challenges that could prevent you from getting benefits include:
- Your employer accuses you of engaging in horseplay or being intoxicated at the time of the accident.
- The SSA doesn’t have enough information to verify your disability.
- The SSA or your employer believes that you can work despite having an impairment.
When you partner with a lawyer, they can combat any challenges that prevent you from getting the benefits you need.
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Speak to Us About SSD and Workers’ Compensation Coverage in Atlanta
Can you receive social security disability and workers’ compensation payments in Georgia? If you qualify for these programs, you can generally get compensation through both systems.
Find out more about your unique situation with legal advice from Bader Scott Injury Lawyers.