You may be able to collect workers’ compensation and disability benefits at the same time, though there may be conditions to doing so. You may have limits to the amount of combined benefits that you can collect. There may also be conditions specific to you as a disabled worker in the state of Louisiana.
A workers’ compensation lawyer may be able to help you better understand and react to the complications that may come from seeking both workers’ compensation and Social Security disability benefits.
How You Could Collect Workers’ Compensation and Disability
Social Security disability benefits are issued by the Social Security Administration (SSA). If you qualify for these benefits as well as workers’ compensation, then you may face a cap to the total amount of combined benefits that you may receive.
According to the Social Security Administration (SSA), the combined value of your workers’ compensation benefits and your Social Security disability benefits cannot exceed 80 percent of your average earnings before you became injured or ill.
A workers’ compensation lawyer can inform you of any other relevant considerations which may:
- 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 both workers’ compensation benefits and disability-related benefits from the Social Security Administration
You May Be Covered for an Injury or Illness Suffered While Working
Whether you seek benefits through workers’ compensation insurance, Social Security disability benefits, or a combination of both sources, you may be able to receive financial assistance for an injury or illness suffered under working conditions.
The Louisiana Workforce Commission (LWC) explains who is generally covered by workers’ compensation in Louisiana. Eligible candidates may include:
- Seasonal employees
- Part-time employees
- Full-time employees
- Some independent contractors and 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. There may, however, be certain disqualifying exceptions to workers’ compensation benefits. These may include:
- Intentionally self-inflicted injuries
- Injuries caused by the worker’s intoxication
- Injuries that occur during horseplay
If an employer or their insurance company tries to deny you workers’ compensation benefits that you feel you deserve, a workers’ compensation lawyer may be able to help you with your claim.
A workers’ compensation lawyer or their team may also be familiar with the process for filing a claim for SSD benefits. They may be able to help you complete the workers’ compensation claim process and file a disability benefits claim with the Social Security Administration.
A Lawyer Can See Your Claim Through to Completion
If you hire a lawyer to handle your workers’ compensation or Social Security disability benefits claim, then you may significantly reduce your personal burden of completing the preparation and paperwork of these processes. Rather than handling either type of claim on your own, your lawyer can handle as much of the claims process as is possible without your assistance.
Some of the specific services that a lawyer may provide you include:
- Filing your claim
- Collecting and organizing evidence related to your SSD or 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 any processes that may arise because of your claim, such as settlement negotiations
- Defending your rights at every stage of the process
LWC notes 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 have come from your work-related ailment.
Call Laborde Earles Injury Lawyers Today
Being without your normal income can cause a serious financial strain on you and any dependents that rely upon you. A workers’ compensation lawyer from Laborde Earles Injury Lawyers may be able to help you with all aspects of your claim, including determining whether you may be able to collect disability at the same time as workers’ compensation. We also handle communications, negotiations, and evidence gathering on behalf of our clients.
Call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation on your case with a member of our team. We may be able to offer you representation on a contingency-fee-basis with no up-front payment required.