Workplace accidents can result in permanent disability. For a worker who is the main breadwinner in the family, this can be extremely devastating. However, an experienced Coral Springs workers comp lawyer can help you get all the benefits you deserve: workers comp and social security disability.
Let us understand how it is possible to collect benefits both from your employer’s insurance company and from the state.
Workers Comp Offers Benefits until Maximum Medical Improvement
Florida workers’ compensation law provides workers with medical care and replacement wages until the doctor states that the patient has reached maximum medical improvement. At this point, the worker’s disability rating will be calculated, if the injuries leave permanent impairment.
Thus, the worker can apply for temporary total disability (TTD) or permanent total disability (PTD), which is payable for a specific time period, depending on the impairment rating.
However, the injured worker is also allowed by law to apply for federal Social Security Disability Benefits (SSD).
How Workers Comp and Social Security Disability Work Together
The most important aspect that rules the collection of two types of benefits is the 80% rule. Under federal law, the SSD benefits disabled people collect cannot exceed 80% of their average current earnings (ACE).
On the other hand, workers comp benefits pay 66% of the average weekly wages (AWW) for the last 13 weeks prior to the accident. Now, the issue is that there are different calculation formulas for ACE and AWW.
This leads to complex offset calculations, especially since Florida law requires injured workers with permanent disability to apply for SSD.
Dual Application for Workers Comp and Social Security Benefits
Filing for workers comp and SSD benefits is extremely complicated. You must be very careful with paperwork because any honest mistake could make you liable to return a significant amount of money in federal benefits. You may even be accused of workers comp fraud.
For this reason, you should consult with an experienced Coral Springs workers comp lawyer, who will make sure that all the amounts you are likely to collect are in order and do not break federal limits.
Also, the attorney will make sure that their negotiations with the workers comp insurer go in the right way and reach the most desired result. The reason for this is that the outcome of your claim will influence SSD benefits.
1. You Cannot Collect TTD and PTD in Some Cases
By contrast to other states, according to Florida Statues 440.15(10)(a), injured workers cannot collect temporary total disability or permanent total disability while they are receiving reemployment assistance or unemployment compensation benefits.
Thus, for the period when you benefit from vocational rehabilitation, for instance, you will not get disability benefits through workers comp, even if the end result is that you cannot retrain for gainful employment. Therefore, your lawyer will make sure that you get SSD benefits to continue supporting your family.
2. Settlement Amounts Offset SSD Benefits
An experienced attorney will always seek to close your workers comp claim with a lump sum settlement. However, getting a large amount of money in a one-time payment can undermine your efforts to get SSD benefits.
Therefore, the lawyer will create an effective structured settlement plan, staggering the payment of the lump sum over several years. In this way, you can continue to receive both workers comp and social security disability benefits.
3. Workers Comp Benefits Will Be Reduced in Favor of SSD Benefits
As stated above, Florida law (Florida Statutes 440.15(9)(a)) requires workers who are left with permanent disability to apply for SSD. The reason for this is to reduce workers comp benefits so that your total income reaches 80% of ACE, shifting the burden from the insurance company to the federal authority.
Call an Experienced Coral Springs Workers Comp Lawyer!
If your workplace injury leaves you with permanent disability, you can apply both for workers comp and social security disability benefits. However, you will need an experienced Coral Springs workers comp lawyer to make sure you get the best possible outcomes from both applications.
We suggest you contact us to schedule a free case review as early as possible in your claim process. Call us at 954-388-8616!
