Workers’ Comp and Disability Benefits are both forms of insurance injured workers can count on. Suffering an injury can suddenly change your life. The uncertainty and stress you can face wondering how you will support your family and pay bills can be overwhelming. Thankfully Workers’ Compensation and Social Security Disability are two forms of government insurance to help. The question is which system is best for you. We would like to help you understand the differences.

A State-Run System: Workers’ Compensation

Workers’ compensation insurance provides medical and wage benefits to people who are injured or become ill at work. The coverage is mandated by each state and the wage and medical benefits vary by state. Workers’ compensation is considered social insurance because it relies on a social contract between management and labor, wherein in exchange for purchasing workers’ compensation insurance, business owners are protected from civil suits from their workers who become injured on the job. Yet each party’s benefits have limitations. Workers’ compensation insurance is purchased by businesses, and is underwritten by insurance companies and, in some states, is underwritten by publicly supported state funds. In the State of Kentucky, the law requires employers to have workers’ compensation. It covers both total and partial disability, although it is often meant to provide temporary support to workers while they recover. It covers an employee’s lost wages, medical bills relating to the work injury, and any
rehabilitation needed.

A Federal Run System: Social Security Disability Insurance

Social Security Disability Insurance (SSDI) is a federal social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. For those who can no longer work due to a disability, your disability program is there to replace some of your lost income. The disability does not have to be work-related. However, it must meet the Social Security Administration’s list of qualifying impairments. SSDI is a long-term program. One of the qualifying factors to receive SSDI is the injury must prevent you from working for at least one year. It will provide supplemental wages while you cannot work.

The Difference Between The Two Forms of Insurance…

The difference between the worker compensation is if you are hurt at work you are entitled to coverage but with SSDI you must qualify for benefits. Both systems are quite complex and require an experienced attorney to speak for you. If you have been injured at work or elsewhere it’s important to know your rights and speak to a knowledgeable attorney about your case. You need to know how to move forward and protect your rights. You may even be able to receive both Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both disability benefits and workers’ compensation. In addition to advising you (regarding when you should apply for each type of benefit), an attorney can also help structure your claims (and, if necessary, your appeals) for both programs in a way that is most likely to be accepted.

We Can Help You Through It All!

The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. For those who do not have a strong work history or did not work in a job that paid Social Security taxes, there are Social Security Income benefits. Parties who apply for either of these benefits are often denied the first few rounds and do not receive approval until there is a hearing before an Administrative Law Judge (ALJ). The process of obtaining benefits can take several months up to two years – or even longer. The key for a claimant is that medical records document their condition and that they maintain a strong treatment history. While the ALJ will consider the testimony of the claimant, they will not approve benefits without the medical evidence supporting those claims. It is imperative that a claimant maintains consistent treatment with all physical and mental health providers. We will not charge any up-front fees to a Social Security/Disability client. Only if Social Security Disability benefits are granted will a standard percentage of the benefits be paid to the attorney.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.