- Workers' Compensation
An injured worker is assured of several economic compensation benefits if they are injured and unable to work because of the injury. Workers’ compensation laws exist to safeguard employees against the possible financial issues that surface after such an accident. Other than workers’ compensation, there are other forms of benefits as well such as state disability benefits, and Social Security disability insurance which compensate injured workers for the time they spend out of work due to disability.
However, when it comes to workers’ compensation vs disability benefits, the details are different. All employees must seek the services of competent and experienced injury attorneys in Coral Springs to ensure they receive their deserved compensation.
The personal injury attorneys in Coral Springs working with Work Injury Rights are all highly qualified and competent professionals who understand the intricacies of the law and thus help you claim favorable compensation for your case. In this article, we will assess the key differences in the workers’ compensation vs disability debate, to help you understand how the two become relevant in different situations.
Workers’ Compensation vs Disability Benefits
By the law in most states, employers are legally required to be insured in case any of their employees is injured while working. This does not necessarily have to happen in the workplace but also applies to other work-related accidents (outside the workplace). This is an alternative to litigation (a no-fault system) which compensates the injured worker in the case of an accident.
In contrast, disability benefits offer benefits to an out-of-work individual who has been injured. The common denominator here in the workers’ compensation vs disability discussion is that in both cases, the benefits compensate a person who can’t rejoin their workspace due to injuries and disabilities.
But they do differ.
Workers’ compensation gives an employee compensation for something that would normally be the employer’s responsibility. After all, the employer is legally bound to provide a safe work atmosphere to their workers, and failing to do so can introduce the risk of accidents.
On the other hand, disability benefits cover the loss of income even if the accident that caused the injuries did not happen at the workplace or resulted due to the work routine. The latter is not paid through the employer, however, the sum does compensate for the weekly loss of income of the employee.
Another possibility with disability benefits from the state is when your employer contests your claim and refuses to compensate you for your losses. You can seek state disability benefits for that timeframe and file a lawsuit against the employer and then repay the state when you get paid for your losses. This is only the case if your compensation case is successful and will help you cover your expenses even if you’re having trouble initially getting the money needed for the medical costs and other expenses.
When discussing workers’ compensation vs disability, another important feature of workers’ compensation is the duration – different segments of the compensation sum are paid for different durations. For instance, disability compensation is provided for as long as the condition demands it; when the situation reaches the maximum recovery state, especially in the case of temporary disability, the benefits are no longer provided.
The same is not true for state disability benefits which are only payable for 52 weeks maximum.
Can You Receive Disability Benefits & Workers’ Compensation at the Same Time?
When discussing workers’ compensation vs disability, you may be wondering if you can count on financial assistance from both workers’ compensation and state disability benefits at the same time. The answer is yes. There are some conditions to be met, but if you do, you can secure greater financial help. If your disability is expected to last for over one year (even if one day more than a year) or if you contracted a terminal illness from the workplace, you can seek compensation from both sources.
Of course, you must have paid all the funds needed for Social Security Disability Insurance in the first place. If all the conditions are met, you can benefit from both compensation sums simultaneously. However, the state disability funds will be slashed down accordingly if you’re not a high-wage earner, otherwise, you’ll get maximum from both sides.
Can You Receive Unemployment Benefits & Workers Comp Benefits?
Under normal circumstances, you can’t redeem the benefits from unemployment compensation while you’re getting reimbursed by workers comp benefits. However, there is one exception. If you’re seriously injured and disabled, which means that you won’t be able to rejoin the workforce anytime soon and that your employer declares that they don’t have a job for you anymore (and you can’t find a new one), then you can demand unemployment benefits on top of worker’s compensation benefits.
But this is only until you’re able to work and will last for a maximum of six months.
How Can Injury Attorneys in Coral Springs Make a Difference?
When dealing with the workers’ compensation vs disability question, injury attorneys can make a huge difference in the way you approach your case. You will be able to demand your compensation with confidence, knowing that you are backed up by professional attorneys who understand all the legal matters associated with workers’ compensation claims. Also, your attorney will explain the entire situation to you such that you won’t have any confusion afterward.
Here’s a summary of what your lawyer will do for you:
- Covering all the case details during the initial consultation
- Assessing any firsthand evidence you gathered on the spot
- Preparing the case
- Legal representation at all stages of the process
- Handling settlement negotiations on your behalf
- Getting expert witnesses on board, if needed
- And more.
Get the Help You Need From Our Personal Injury Attorneys in Coral Springs
Now that you understand the workers’ compensation vs disability debate and the differences between the two, you will be able to handle the situation when someone you know gets injured in a work-related accident.
The personal injury attorneys in Coral Springs from Work Injury Rights understand the sensitivities of the situation and the problems faced by the victims. You can count on our injury attorneys in Coral Springs to take on your case responsibly at all stages including the settlement negotiations so that you can secure maximum compensation for your losses.
You can book an appointment at your earliest convenience, call us now!