SSDI and Workers’ Comp

Seriously Disabled Camden Residents Might Get Both SSDI and Workers Comp

Workers' Comp AttorneyIf you are injured on the job, you should apply for workers compensation as soon as possible. Workers comp will help cover most of your pay check and assist with medical bills while you strive to get healthy again.

However, if your healing stalls, your doctor could diagnose you with a long-term or even permanent disability. Workers compensation may not cover your needs anymore, so you will need to look for other types of assistance.

You could apply for Social Security Disability Insurance while you receive workers compensation. If you receive both benefits at once, your SSDI will have the amount of your workers comp award taken out, until you do not receive workers compensation any longer. SC Workers’ Compensation benefits will take precedence, and serve as the primary benefit over your Social Security disability benefits.

Both workers compensation and Social Security Disability applications can be complex and confusing. If you have to do both to meet your needs, you could feel frustrated and want to give up.

The Differences Between South Carolina Workers Compensation and SSDI

Although both programs provide financial assistance for those suffering from temporary or permanent disability, there are numerous differences between workers comp and SSDI.

Workers compensation is paid by your employer, and usually amounts to 66 2/3 your regular paycheck. Sometimes, workers comp awards are paid in a lump sum, but that is rare. SSDI, or social security disability, is based on how long you have been in the work force, and payments tend to be much greater for workers with a substantial work history. They work on a similar principle as Social Security retirement.

I’ve Been Permanently Injured Due to a Work Accident

If you have suffered an on-the-job injury that has left you disabled for more than a year, or even become permanently disabled as a result of employer negligence, you could be eligible for both workers compensation and Social Security Disability (SSDI). However, proving that you qualify for both can be a long and complicated process, so to ensure you receive the benefits you need, you should retain a Strom Law workers comp attorney.

Denied Workers’ Comp Benefits?

Injured In Greenville and Facing Denied Workers’ Comp Benefits

South Carolina workers compensation attorney Federal law requires employers in the United States to pay for workers compensation coverage for employees, in case they are injured on the job. However, just because you’ve been injured on the job does not, unfortunately, mean you will automatically receive workers comp coverage. You will have to inform your employer of your injury, get a doctor to diagnose you with an injury that will require you to take time away from work or perform a lighter job than previously, and you must apply with your state for workers comp coverage.

Sometimes, workers comp insurance claims are denied. This could be because your employer disputes the facts, or it could be because of a small mistake in the application process. If your workers comp claim is denied, you are legally able to appeal the denial yourself, but you may need the help of an attorney to navigate workers comp court.

Appealing a Denied Workers Comp Claim in South Carolina

If your workers comp claim has been denied, you can begin the appeals process yourself. The first stage is for your appeal to go to the South Carolina workers comp commission for review. There will be a small filing fee for this process to begin, as well. You may be required to see a doctor to confirm your injury’s diagnosis, so it will be important to have already spoken with a doctor, and possibly received a second opinion, and clearly followed all of your doctor’s advice to begin the healing process.

If your first appeal is denied, you can appeal to the commission again, but that becomes more time-consuming and expensive. If the workers comp commission believes your case is “without merit,” you could face additional fines.

You can continue appealing through the South Carolina Court of Appeals, and sometimes all the way up to the South Carolina Supreme Court. In the meantime, you could suffer pain and financial burdens.

My Workers Comp Application Was Denied and I’m Afraid of Waiting Any Longer

Workers comp applications rely on lots of information, and if your application is denied, you could face a long appeals process. It is important to your health and financial safety to get the process going the right way. Contact a South Carolina workers compensation attorney for assistance today.

Filing Workers’ Comp Forms

Columbia Workers Could Need Help Filing Workers Comp Hearing Forms

South Carolina Filing Workers' Comp Claim AttorneyWhen you suffer an injury on the job, it is important to immediately inform your employer, see the doctor for a diagnosis, and file a workers compensation claim. Once you have reached your maximum medical improvement, you should return to your doctor for an updated impairment rating. Your new impairment rating can affect whether or not you continue to receive workers compensation benefits, and if your doctor gives you a disability rating that you disagree with, you can file for a hearing with the workers compensation commission of South Carolina.

In addition, if your employer fails to begin paying your workers comp benefits within 14 days, you can file for a hearing regarding your claim. It is important that you receive your benefits as soon as possible so you can relax and focus on healing.

South Carolina Workers May Face Longer Recoveries Without Workers Comp Benefits

If you filed for a hearing with the workers comp commission, your must fill out Form 50 and pay a small fee. However, your employer can also dispute the workers comp decision by filing Form 21 and paying a small fee. If you find you have to go through an appeals process, you may be confused and afraid. This could delay medical appointments that are necessary for you to get back to work.

You can appeal the decision of your hearing and escalate your case to a panel review. Three to six new commissioners will consult on a new hearing. The decision of the appellate panel may be appealed to a Court of Common Pleas and the State Appellate Courts.

If this process sounds complicated, you should consider hiring an attorney.

My Employer Scheduled a Hearing Regarding My Workers Comp Coverage

If you face a hearing, whether you scheduled the hearing or not, you could end up going through an appeals process for changes to your workers compensation, or denial of important insurance coverage while you get back on your feet. Contact a South Carolina workers comp attorney for help with your hearing as soon as possible.