Can You Access SSDI and Workers’ Compensation At the Same Time?
September 21, 2019
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An Alexandria, VA workers’ compensation lawyer can help you understand the full scope of your options. Many people who were injured at work will also qualify for short term disability or SSDI. Social Security Disability is a difficult program to navigate, but the more pressing concern is your VA workers’ compensation claim.

Workers’ compensation claims happen quickly and rely entirely on an insurance company. Can you have both at the same time?

In Short – Yes

Yes, you can receive workers’ compensation benefits and SSDI. However, you may not physically have the energy to begin both applications as soon as you would like to. SSDI requires a lot of paperwork and proving that you’ll be unable to work for at least a few months.

Whereas workers’ compensation claims often get pushed for a too fast resolution. Without a doubt, it can be challenging to juggle these two resources. How can you possibly begin one application while an insurance company is rushing you to close out your claim?

Working with an attorney is the answer to distributing your time best towards things that matter. When people face this issue, they often don’t think of lawyers as a resource. Instead, they look to lawyers to solve one of the problems. An attorney can help you track your medical costs, calculate the value of your future medical expenses, and more.

Use the resources that you have available to you and hire an attorney. With an attorney working diligently on your workers’ compensation claim, you can start the process of applying for SSDI.

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Similarities

Both serve as a resource for people who are hurt. Often people hurt on the job will be out for a number of months and go on disability. These programs are fairly similar in that they help people get back on their feet after an accident or injury.

When people are familiar with workers’ compensation, you’ll notice that although it’s a private insurance company, you do quite a bit of work directly with the Virginia Workers’ Compensation Commission, which has many similar guidelines or expectations in paperwork handling as SSDI.

In most cases, both programs are a temporary relief for an injured person.

Differences Between the Programs

Although both programs can serve a similar purpose, there are key differences. It is possible to qualify for only one of these programs. It’s also possible to qualify for both. It all depends on your situation.

Workers’ compensation relies mostly on how your injury took place. If you were hurt at work, then that on-the-job injury should have full coverage under VA workers’ compensation. However, the employer may argue that you were violating company policy and knowingly working in an unsafe way.

Whereas disability comes with fewer questions as they have clear cut requirements. You must have worked for a certain amount of time. You must also be unable to continue working per a doctor.

With workers’ compensation, you can receive benefits for your medical expenses while continuing to work on light or even full duty. For example, if you sustained an eye injury from exposure to something at work, but otherwise could fulfill all of your job duties, a doctor would not excuse you from work. In this example, you would still miss work for doctor’s appointments and ongoing care. Of which should be included in your compensation, the time lost, and the expense of the medical treatment.

Workers’ compensation is not entirely set on you being unable to work. While disability is not available if you are able to work on even light duty, this is one of the most significant differences between the two. Even if you can work, you can receive compensation for a work-related injury through workers’ compensation.

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Reach Out to a VA Workers’ Compensation Attorney

When choosing to pursue a workers’ compensation claim and knowing that you will be eligible for short term disability, you need guidance. SSDI and workers’ compensation are both resources for workers. It is quite possible that you are eligible for both and that you can receive both without any problems.

However, either entity may try to make it more difficult for you to receive any benefits in these cases. Trying to obtain both may complicate your case. That doesn’t mean that accessing either is impossible.

Contact the law offices of Ashcraft & Gerel where you can speak with a legal professional about your options. As professionals who work with VA workers’ compensation claims, appeals, and cases, you can be sure to get the help you need.

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