After an injury or illness sustained on the job, you may qualify for a workers’ compensation settlement. Each state has its own criteria for what adverse physical conditions qualify for workers’ comp, but all states have a system in place that provides monetary compensation for harm sustained while working. In some cases, you may also qualify for disability benefits at local, state, or federal levels. If you are curious whether you can get disability after workers’ comp settlements, read on to discover how the two compensation packages may interact.
Types of Disability Benefits
If you are permanently injured or deemed too ill to continue working by a physician, you may be eligible to receive disability benefits. The types of benefits, as well as their source, vary by state and may depend on what type of disability you have sustained.
Private Disability Insurance
Some employers will carry private disability insurance on behalf of their employees. This type of insurance is also available for individual purchase of both short and long-term coverage. If you become disabled, you can file a claim that compensates you for a portion of your average monthly income prior to becoming disabled.
VA Disability
If you were injured while employed by the U.S. military, you may qualify for disability benefits through the Department of Veterans Affairs. Successful claims made for this kind of disability support usually have solid proof of injury or illness incurred while in active duty.
State-Funded Temporary Disability Programs
Depending on where you live, different disability programs may be available to you through the state in which you reside.
- Maryland: The Temporary Disability Assistance Program (TDAP) offers cash payments to disabled individuals. This support is on a strict time limit, however, unless the disabled individual pursues Social Security benefits. In Maryland, workers’ compensation lawyers can help you determine how accepting your allotted TDAP funding may impact other benefits packages.
- Virginia: Few state programs offer disability benefits in Virginia. A Virginia personal injury attorney can help you navigate which benefits may best most to your situation.
- Washington, D.C: The Short-Term Disability Insurance Program is open to enrollment from all residents of the district. This program allows participants to receive weekly payments for injuries sustained off the clock that may impact their ability to work. A D.C.-based workers’ compensation attorney can explain if this program may benefit you.
Social Security
Federal disability benefits may apply to you. The most common forms of governmental support are Supplemental Security Income (SSI) and Security Disability Insurance (SSDI). If you have consistently paid taxes for at least 10 years, you may be entitled to over $3,000 each month on SDI. For those with shorter tax or work histories, and who make less than $1,000 in a month following an injury or illness, SSI can provide much-needed financial supplementation.
Does a Workers’ Comp Settlement Affect Social Security Disability?
Chances are, any workers’ settlement received will impact the amount of Social Security disability benefits that you can get.
SSI and Workers’ Comp
As previously mentioned, you cannot qualify for SSI compensation if you still make over $1,000 per month. In most cases, you also cannot hold over $2,000 in property, assets, and/or savings. The vast majority of workers’ compensation cases will quickly surpass the income cap for SSI benefits.
Earning Workers’ Comp and SSDI Benefits
SSDI is a bit more lenient on how much money an individual can earn in total, but it does still have its limits. SSDI benefits, in combination with your workers’ comp settlement, cannot total to more than 80% of your average monthly income prior to contracting the relevant illness or sustaining injury.
The Social Security Administration determines an individual’s average monthly income using a particular formula. If your workers’ comp settlement and your SSDI benefits total to more than that, the SSA will likely adjust your SSDI benefits to fit within this regulation. For further information regarding what an average monthly income is, as well as where your 80% might benchmark sit, you can visit the official Social Security Administration website.
A key piece of information to note is that the 80% mark does not take into account all forms of income received. SSDI benefits are not adjusted to accommodate for additional financial support from:
- Veterans Affairs disability or other related benefits
- State and local government disability benefits, as long as Social Security taxes were deducted from these earnings
- Compensation from SSI
Documentation Needed for Disability Benefits Applications
Every disability claim is unique to an individual’s situation and extent of physical condition. In many cases, however, disability benefits offices require similar pieces of documentation in order to approve you for financial assistance.
- Medical records: A written statement from a physician or health care provider that clearly deems you unable to return to your former position due to injury or illness can add significant support to your application.
- Incident documentation from your employer: If your workplace keeps records of incidents of injury, it may be useful to have their report of the situation as further evidence in support of your claim.
- Financial statements: Items such as signed offer letters or recent pay stubs can help identify what your former monthly average income was and determine to what extent you are entitled compensation.
- Relevant application materials: Specific application paperwork is often unique to each program. Be sure to understand what forms you need to submit for consideration of your application. For example, SSI and SSDI applications require the completion of Form SSA-16.
How Can I Get Disability After a Workers’ Comp Settlement?
Pursuing benefits following a significant injury or illness can help get you and your family back to living the life you love. If you have wondered whether you can get disability after a workers’ comp settlement, get in touch with a workers’ compensation attorney today.
Let the law offices of Koonz, McKenney, Johnson, & DePaolis, LLP take on your workers’ comp claims. We handle personal injury cases across Maryland, Washington, D.C., and Northern Virginia. After a free consultation with a member of our legal team, we can help create a roadmap that will get you the compensation you deserve. Contact us today.