Should I Seek Workers’ Compensation or SSDI After a Work Injury?

Did you recently sustain an injury while working that has left you disabled such that you cannot return to work? If so, you may be wondering what your best option is for seeking financial help with your medical bills and coverage for your lost wages. You may have friends, co-workers, or family members who have suggested filing a workers’ compensation or seeking payments by applying for Social Security Disability Insurance (SSDI). Work injuries can happen in any industry and in any field, from dangerous construction work to health care jobs to white-collar office work. Any type of work injury ultimately might qualify you for both workers’ compensation and SSDI, although it is essential to understand how the two types of benefits can affect one another and, ultimately, whether you are eligible for both.

Consider the following eligibility information about workers’ compensation and SSDI, as well as details about the impact receiving one type of benefit can have on the other. If you have questions or need help seeking compensation after a work injury, our Maryland work injury lawyers are here to assist you.

Eligibility for Workers’ Compensation Versus SSDI

First, eligibility is different for workers’ compensation versus SSDI, although you may ultimately qualify for both. In order to be eligible for workers’ compensation benefits in Maryland, you will need to show that your work injury arose out of and occurred in the course of your employment. You do not need to show that it is especially severe; even a temporary disability according to the workers’ compensation system can result in benefits. Differently, for SSDI, you must show that your injury is expected to last for at least 12 months or to result in your death, and you must provide medical evidence that it is severe enough to prevent you from engaging in substantial gainful activity (SGA). You must also have worked long enough and recently enough to be eligible for SSDI.

Neither workers’ compensation or SSDI are related to your income level; you can obtain either or both whether you are a lower-wage earner, a high earner, or in between. For purposes of obtaining benefits quickly, you are likely to obtain workers’ compensation benefits much sooner since SSDI payments have a five-month waiting period.

How SSDI and Workers’ Compensation Benefits Can Affect One Another

If you are eligible and approved for both workers’ compensation benefits and SSDI payments, it is important to know that you may not be able to receive the maximum amount from both sources.

According to the Social Security Administration (SSA), “if you receive workers’ compensation or other public disability benefits, and SSDI benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you had a disability.” Typically, an “overage” amount will be deducted from your SSDI payment rather than any workers’ compensation wage-replacement payment you are receiving.

Contact a Maryland Workers’ Compensation Attorney for Help

Do you need help with workers’ compensation or SSDI coverage after a work injury? One of the experienced Maryland work injury attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can help. Contact our firm today for assistance with your case.

Source:

ssa.gov/pubs/EN-05-10018.pdf