People who are injured often wonder whether there is a difference in workers’ comp benefits and disability benefits. The answer is a simple one: Yes. These two types of disability benefits are not synonymous and are, in fact, quite independent from one another.
When you are injured at work, you are entitled to receive workers’ comp as an alternative to suing your employer in court. When you are awarded this type of benefit, you are being paid through your employer’s insurance company because your employer could have been held potentially liable for your injury. On the other hand, disability benefits come from the state. These benefits can help make up for any income that you have lost as a result of your injury.
What many people don’t know is if disability benefits are higher than workers’ comp benefits, you are typically entitled to receive both. You can also receive disability benefits while you are fighting for workers’ comp payments; however, If you are awarded your claim the state may ask for its money back.
When an injury is so severe that you will be out of work for more than a calendar year, you may also be entitled to receive Social Security Disability Insurance benefits. If you have been paying into Social Security, you can draw disability benefits. Keep in mind that, if you also receive workers’ comp benefits, your money from SSDI may be reduced slightly.
The benefits you may not be entitled to are unemployment benefits. Typically, if you are injured at work and unable to return, you are not considered unemployed. This can change if you are able to return to work but your employer has not held your job for you, or there is no longer a position available for that you can perform. If this is the case, it is advisable that you contact an attorney versed in employment rights.
If you have been injured at work and have any questions, or if your workers’ compensation claim has been denied, contact our offices as soon as possible. Our experienced workers’ compensation attorneys are here to help you fight for the benefits that you may be entitled to by law. Contact us today for your free initial consultation. We are here to help you put the pieces of your life back together after an injury.