If you have been injured at work, it is easy to be overwhelmed with all of the decisions you have to make about your benefits. At the Law Office of James M. Hoffmann, we can help!
When an individual is injured and unable to perform job duties, he/she may be entitled to different types of financial support such as workers compensation, disability benefits and social security disability insurance. However, it is important to determine which benefits apply to a particular situation.
That is why it is important to have an experienced workers compensation attorney on your side.
Differences Between these Types of Benefits
Workers compensation benefits are paid when a person is injured at the workplace, and the worker has to give up his right to litigation. In most states, employers are required to carry workers compensation insurance to cover injured workers. On the other hand, state disability benefits provide weekly benefits to individuals who are injured away from work, but are unable to work at the normal job. The main difference is that workers compensation covers injuries that the employer would be liable for, while disability benefits are not paid for by the employer, but you can still make up for lost income.
The worker may be eligible for disability benefits when you are also entitled to receive workers compensation benefits if the disability benefits are higher the workers compensation benefits. If the employer or insurer disputes whether or not a worker should receive workers compensation benefits, the worker can receive state disability benefits until the dispute is resolved. When the dispute is resolved and the worker receives workers compensation benefits, the state will ask for its money back.
Social Security Disability Benefits vs. Workers Comp or Disability Benefits
Can a worker receive Social Security Disability benefits and workers compensation or disability benefits at the same time?
In some situations, an injured worker can receive both workers compensation benefits and SSD benefits. If the worker is disabled and expects to be disabled for at least a day more than a year, or suffers from a terminal illness, and has paid necessary funds to be covered under SSD, the worker may be able to receive both workers compensation or state disability benefits and SSD simultaneously. However, the Social Security Disability benefits are partially reduced by the receipt of state disability or workers compensation benefits unless the worker is a high wage earner.
Workers Comp Benefits and Unemployment Benefits
Can a worker receive both workers compensation benefits and unemployment benefits at the same time?
Unless the worker is receiving temporary disability benefits through workers compensation, the unemployment benefits are not payable. However, if the doctor finds that the worker is unable to return to work, the worker may be entitled to unemployment benefits if the employer indicates that they cannot offer any work to the injured worker and the worker cannot find another job. The benefits are payable up to a maximum of 6 months.
Contact a St. Louis Workers Compensation Attorney
If you have been injured at work, it is easy to be overwhelmed with all of the decisions you have to make about your benefits. At the Law Office of James M. Hoffmann, we work exclusively in the area of Missouri Workers’ Compensation for clients in St. Louis and throughout Missouri.
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