If you have sustained a disabling injury on the job that prevents you from working in the future, it is understandable if you seek financial relief that is available to you. If you were working within the scope of your employment at the time of your injury, you might be entitled to workers’ compensation benefits. Likewise, if your injury results in a permanent disability, you could be entitled to Social Security Disability payments.
It is important to understand that without carefully negotiating your workers’ compensation settlement, you could find yourself missing out on some of the available Social Security Disability benefits. A seasoned workers’ compensation attorney could help you seek the compensation you need. Reach out to a skilled attorney to learn about the nuances of Rock Hill disability and workers’ compensation claims and your eligibility to receive benefits.
Qualifying for Social Security Disability Benefits
Social Security Disability benefits might be available if you suffer an injury or illness that qualifies as a disability under state regulations. What’s more, you must have paid a certain amount of money into Social Security during the course of your career to qualify. Without a history of working and paying into Social Security, a worker will not be eligible for these benefits. To qualify as disabled, a worker must show that due to an injury or illness, they have been unable to work for at least one year.
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Qualifying for Workers’ Compensation Benefits
The availability of workers’ compensation benefits to Rock Hill employees is broad. In general, they are available to workers other than those employed by very small businesses, by the federal government, or a handful of other exceptions. These benefits are only available if the injury or illness occurred while the employee was working within the scope of their employment. Injuries must occur on the job, while illnesses must stem directly from factors related to a person’s work. These benefits could cover lost wages, medical expenses, and even compensation for disability or disfigurement.
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Recovering Both Social Security and Workers’ Compensation Benefits
While the benefits available through Social Security Disability and workers’ compensation claims come from separate sources, it is possible to recover both types of benefits at the same time. Meeting the minimum qualifications for both programs does not guarantee you will obtain the maximum amount of each benefit. There are some important factors that could reduce the amount of available benefits, depending on how the workers’ compensation claim is resolved. Workers that fail to take into account federal law could see their disability benefits cut substantially.
Federal law puts into place important limits for anyone that qualifies for both programs. According to the federal government, an injured employee receiving compensation from both workers’ compensation and Social Security Disability cannot recover benefits that total more than 80 percent of a person’s pre-disability income.
Many workers’ compensation settlements result in a single lump-sum payment. The problem with that is it could disqualify a worker from the full amount of their future disability payments. Thankfully, it is possible to work with an attorney to prorate part of the settlement, which could protect future Social Security Disability benefits.
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Discuss Disability and Workers Compensation Settlements with an Attorney
If you have suffered injuries in a workplace accident, you might have a variety of sources for potential financial relief. That said, the manner in which you approach these settlements could impact your overall financial position. An experienced attorney could advise you of what to expect from Rock Hill disability and workers’ compensation claims while helping you avoid legal pitfalls. Call today to schedule a consultation.
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