What is the Difference Between a Workers’ Compensation and a Social Security Disability Claim?
In the aftermath of a work accident or occupational exposure that has left you in pain, unable to work, and in need of medical care, it can be difficult to know what your next steps should be in seeking compensation. You may know about workers’ compensation benefits in Maryland, and you might also know about Social Security Disability Insurance (SSDI) benefits through the federal government. Which should you be applying for and what is the difference between them? Our Maryland workers’ compensation lawyers can discuss both types of benefits in more detail and can help you to seek the compensation you need after your workplace injury.
Eligibility for Workers’ Compensation Versus SSDI
While there is the obvious difference that Maryland workers’ compensation benefits are determined at the state level and SSDI benefits at the federal level by the Social Security Administration, the two types of benefits have very different eligibility requirements and definitions of a “disability.”
In order to be eligible for workers’ compensation benefits, you will need to show that your injury arose out of and occurred in the course of your employment. These benefits are strictly tied to employment-related injuries. If you can prove that your injury arose out of and occurred in the course of employment, then you can typically be eligible for benefits whether you need to be out of work and receiving medical care for a short period of time, or have been permanently disabled by your injury.
Differently, SSDI benefits are available regardless of how you got hurt or the reason for your disability. Next, to receive SSDI benefits, you must meet a very strict and specific definition of a disability that requires substantial medical documentation. In short, your injury must be severe: you must be able to show that your medical condition is likely to last for at least a year or to result in your death, and you must also be able to show that it is so severe that it prevents you from “substantial gainful activity,” or meaningful work.
Timeline of Workers’ Compensation Versus SSDI
Many injured workers are only eligible for workers’ compensation, versus both workers’ compensation and SSDI. Yet even if may be eligible for both, it is important to understand that there are very different timelines associated with these benefits.
Workers’ compensation benefits can begin almost immediately, with workers’ compensation covering your injury-related medical care nearly from the start. You will also typically wait only a short period of time, usually within 14 days of approval, before you receive wage replacement benefits. Differently, for SSDI, there is a five-month waiting period from the date of your medical condition before you can start to receive SSDI checks; the earliest you would receive a check is in the sixth month of disability.
Contact a Maryland Workers’ Compensation Attorney for Assistance
After a disabling workplace injury, it can be difficult to know exactly what you need to do in order to obtain compensation for lost wages and coverage for your medical care. As we discussed above, the process can be especially confusing for workers who are seriously injured and know that they will likely need to seek disability payments through the Social Security Administration (SSA), or for whom SSDI benefits have been suggested by a health care provider or family member. While you may ultimately be eligible to receive both workers’ compensation and SSDI benefits, it is critical to begin the workers’ compensation process as soon as possible. These benefits will be available much more quickly and, depending on the severity of your injury, may actually be the only benefits (rather than workers’ compensation and SSDI) that you are eligible to receive.
One of the experienced Maryland workers’ compensation attorneys at the Law Offices of Steinhardt, Siskind and Lieberman, LLC can speak with you today about your workplace injury and your options for seeking compensation.
Source:
law.justia.com/codes/maryland/labor-and-employment/title-9/