Monthly Archives: September 2013

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.