The majority of individuals that are injured and unable to work due to their injury, disability, or impairment are unaware if they are entitled to a workers’ compensation settlement or Social Security Disability Insurance. Even if you understand the difference, it is essential to have a qualified Florida personal injury attorney on your side that understands the complexities of your case, or you risk having your claims denied.
What is Workers’ Compensation?
Workers’ compensation is an employer-funded insurance program required by the state of Florida. Its goal is to protect employees from on-the-job or job-related injuries that may prevent them from further work, such as:
- Traumas inflicted
- Carpal Tunnel Syndrome
- Work-related diseases
In order to be eligible for workers’ compensation, a medical professional must recognize you as disabled due to a work-related injury and/or disease.
Workers’ Compensation Settlements Under Florida Law
Workers’ compensation laws vary state by state. Under Florida law, you must report your injury within 30 days to your employer, or you risk sacrificing related benefits.
Additionally, you are not paid for the first seven days of disability; however, if you are out of work for over 21 days due to your disability, payment for the first seven days will be received.
What is Social Security Disability Insurance
Social Security Disability Insurance is a federally funded program of the Social Security Administration.
This program provides financial benefits to disabled or impaired workers. Unlike workers’ compensation, it does not matter if the injury/disease was work related. However, specific guidelines and criteria exist that outline what is considered a disability. Furthermore, your disability must either be terminal or make you unable to engage in gainful activity for over a year.
Receiving Both Workers’ Compensation & SSDI
It is possible to receive both social security benefits and Workers’ Compensation benefits simultaneously. However, your workers’ compensation check may be diminished as the law forbids individuals from obtaining over 80% of their average weekly wages prior to injury.
Why You Need a Workers’ Compensation Attorney
The laws surrounding both workers’ compensation and Social Security Disability Insurance are extremely complicated. Often, claims are denied for no apparent reason. The appeals process necessitates the assistance of an attorney, or you risk compromising your full or partial compensation.
If you or a loved one needs to know more about workers’ compensation settlements and live in the Orlando, Florida area, please contact our Orlando workers’ compensation settlements and attorneys office today to schedule your free consultation. Best Law Firm Florida P.A. operates on a contingency basis, which means we do not get paid unless you do.