Can You Collect Workers’ Compensation and Disability at the Same Time?
Yes—you might be able to collect workers’ compensation and disability benefits at the same time, though there may be conditions to doing so. For example, there could be limits as to how the amount of combined benefits you can collect.
There may also be conditions that are specific to you as a disabled worker in the state of Louisiana. A good way to understand your rights is to hire a Lafayette workers’ compensation lawyer. That way, your attorney can help you understand what to expect.
What the SSA Says About Collecting Both Workers’ Compensation and Disability Benefits
Social Security disability benefits are issued by the United States Social Security Administration (SSA). If you qualify for these benefits as well as workers’ compensation benefits, then you may face limitations regarding the total amount of combined benefits you can receive at once.
According to the SSA, the combined value of your workers’ compensation benefits and your Social Security disability benefits cannot exceed 80% of your average earnings prior to becoming ill or getting injured.
Your lawyer can inform you of other considerations that may be at play, including these:
- Make you eligible for disability benefits issued by the SSA
- Disqualify you from SSA-issued benefits
- Affect your eligibility for workers’ compensation benefits
- Affect your ability to earn workers’ compensation benefits
- Affect your ability to earn disability-related benefits
Are You Covered for an Injury or an Illness Suffered While Working?
No matter how you’re seeking benefits—whether through workers’ compensation insurance, Social Security disability, or a combination of both—you might be eligible for financial assistance for an injury or illness suffered under working conditions.
The Louisiana Workforce Commission (LWC) explains that workers’ compensation in Louisiana generally covers the following people:
- Seasonal employees
- Part-time employees
- Full-time employees
- Independent contractors, under certain circumstances
- Subcontractors, under certain circumstances
The LWC adds that there are generally no age restrictions for employees who can receive workers’ compensation benefits, as minors may be eligible. But what injuries does workers’ compensation cover?
Workers’ compensation typically provides coverage for a wide range of injuries and illnesses. This often includes physical injuries like fractures, sprains, burns, and cuts, as well as illnesses caused by exposure to harmful substances or repetitive motion.
Compensation stemming from injuries at the workplace might also address long-term conditions like carpal tunnel syndrome or respiratory issues caused by toxic exposure in certain industries. That said, certain injuries can disqualify people from receiving benefits, including the following:
- Injuries that are intentionally self-inflicted
- Injuries caused by the worker’s intoxication
- Injuries that occur during horseplay
If an employer or an insurance company tries to deny you workers’ compensation benefits that you believe you deserve, contact a Lafayette workers’ compensation attorney. Your lawyer can help you with your claim.
You can also ask if your legal team is familiar with the process involved in filing a claim for SSD benefits. They might be able to help you complete the workers’ compensation claim process and file a disability benefits claim with the Social Security Administration.
How Can a Lawyer Help You See Your Claim Through to Completion
When you reach out to a Lafayette workers’ compensation law firm, you can hire a lawyer to handle your workers’ compensation or Social Security disability benefits claim. This plan of action can help you prepare for your case and complete the proper paperwork in advance.
Rather than handling either type of claim on your own, your lawyer can take on as much of the claims process as possible on your behalf. Here are a handful of services your legal counsel can provide you with upon retaining them as your representation:
- Filing your claim
- Collecting evidence regarding your injuries
- Organizing evidence related to your workers’ compensation claim
- Calculating your weekly average wages prior to your injury or illness
- Calculating the cost of medical care related to your injury or illness
- Managing processes that arise from your claim
- Defending your rights at every stage of the process
Your lawyer should also know that Louisiana workers’ compensation may include two-thirds of your average weekly wages before your disability. You may also receive reimbursement for medical costs that stemmed from treatment following your work-related ailment.
Contact a Lafayette Workers’ Compensation Attorney Today for More Information About Disability Benefits
Going through life without your normal income stream can inflict a serious financial strain on you and those who rely on you monetarily. At Laborde Earles, our lawyers can help you with all aspects of your claim.
Not only can we determine whether you can collect disability at the same time as workers’ compensation, but we also handle communications and negotiations on behalf of our clients. You can trust us to gather evidence regarding your case as well.
Reach out to us as soon as possible to schedule a no-obligation consultation at no cost to you. We can offer you representation on a contingency fee basis, so why wait? Call now.
