While crossover exists between workers’ compensation and disability, the two forms of compensation after a workplace incident are not the same. Workers’ compensation covers your financial needs until medical professionals determine that you are fit to return to work. Comparatively, disability insurance provides you with a stream of income even after you are able to return to work, should you suffer from a temporary or permanent disability.
Breaking Down Workers’ Compensation
Workers’ compensation benefits are designed to prevent the injured party involved in a workplace accident from suing an employer. This compensation is designed to help support you as you pay for your medical expenses. It can also help you substitute for wages you might otherwise miss out on while you are recovering.
Understanding Disability Insurance
Comparatively, disability insurance claims and suits are not often paid through your employer unless you choose to pursue a suit. These benefits, should they be awarded to you, can help you substitute for the income you have lost while recovering from an injury obtained at your workplace.
Do note, that there are two different avenues through which you may secure disability insurance. You can file for temporary or permanent disability coverage after a workplace accident. Alternatively, if the state and your employer are in the midst of a dispute over who should pay for your losses, the state can provide you with the means to support yourself until the issue is resolved.
Crossover Between Workers’ Compensation and Disability Insurance
These two sources of income do intersect, as workplace accidents can result in both temporary and permanent disability, depending on the severity of the accident that took place. While it is rare to receive both SSDI and workers’ compensation at the same time, your injury may entitle you to both. If you believe this to be the case for you, you can reach out to a workers’ compensation lawyer or a disability suit lawyer to start bringing your claims together.
A Workers’ Compensation Lawyer Can Help You Secure the Funds You Need to Recover
If you need help establishing a workers’ compensation claim, a workers’ compensation lawyer can help you find the best place to start. Together, you can calculate your tentative compensation and bring forward evidence of your need for support after a workplace accident.
Building Your Case
If you want to submit a claim for workers’ compensation or disability, separately, you will need to submit a claim to your employer or another appropriate individual. In these claims, you can outline:
- The identity of the party you believe to be liable for your losses, even if that party is just an extension of the employer you work for
- The evidence that led you to establish the aforementioned party as the party you believe to be liable for your losses
- An estimate of the compensation you believe you may be owed
- The calculations that led you to the above estimate, including your medical bills, future and current
Do note that workers’ compensation cases cannot provide you with compensation for pain and suffering or other non-economic damages. However, you can work with a workers’ compensation lawyer or another affiliate to file for these damages under a disability suit or a personal injury suit.
The Team with Ben Crump Law, PLLC Works with Your Needs in Mind
Many employees may be reluctant to file a workers’ compensation claim with the help of a lawyer for fear of the cost. Luckily, the team with Ben Crump Law, PLLC anticipates this reluctance. As such, the team operates on contingency. In doing so, the team allows you to avoid bills related to the legal services you benefit from until your case comes to a conclusion. Even then, you will only receive a bill for the services you have benefited from if a court chooses to award you damages for your losses. If you do not receive those damages – or, rather, your workers’ compensation – you will not be charged for the services.
Should you receive the compensation you are fighting for, the American Bar Association can help protect your savings. Instead of requesting a payment out of those savings, you can instead work with the team at Ben Crump Law, PLLC to secure payment out of your settlement. The team can request between 33 and 40% of what you received to cover the legal fees you incurred. This way, you can continue to protect your savings.
If you feel ready to discuss a workers’ compensation case with the representatives in your area, or if you want to discuss the ways through which you could take on disability and workers’ compensation at the same time, the team with Ben Crump Law, PLLC can help. You can reach out at (800) 603-4224 for your free case review.