SSD and Workers’ Compensation: How to Get Compensation After a Work Accident
After a work accident in Maryland that results in a serious injury, it is critical to understand your potential options for obtaining compensation if your injury is severe enough that you are unable to return to work. When an employee is involved in a workplace accident that results in a critical injury, they often need weeks, months, or even years away from work while recovering and receiving medical treatment. In some cases, injuries are so debilitating that the employee suffers a permanent disability, and in certain cases, that employee may be unable to return to any type of job in any capacity, let alone the job in which they were injured.
Given the high financial costs associated with lost work time, it is essential for anyone who was injured on the job to work with a lawyer to find out about workers’ compensation benefits as well as Social Security disability benefits that could be available. Ultimately, you could be eligible for both workers’ compensation and Social Security disability payments. Our Maryland workers’ compensation attorneys can provide you with more information.
Maryland Workers’ Compensation
The Maryland workers’ compensation system is a no-fault one in which an injured worker can receive compensation — regardless of fault, and without the need to prove negligence — for an “accidental personal injury arising out of an in the course of employment.” Workers’ compensation can pay for medical care and a percentage of lost wages, in addition to disability benefits for workers with partial and total disabilities.
There are steps you must take in order to be eligible for benefits, including reporting your injury as soon as possible to your employer and seeking a medical assessment. You will also want to seek help from an attorney to prove that your injury arose out of and occurred in the course of your employment. Workers’ compensation benefits can be paid whether you need to miss only a short time away from work or are completely unable to work again.
Social Security Disability Benefits
In order to be eligible for Social Security disability benefits of any type, you will first need to have medical evidence that proves your workplace injury constitutes a “disability” as the Social Security Administration (SSA) defines it. The SSA uses this definition of a disability: a medical condition that is expected to last at least 12 months or to result in death, and that prevents the person from engaging in any substantial gainful activity (i.e., work). If your workplace injury was severe enough that it is expected to last for at least a year or to result in your death, you should determine if you meet the other requirements for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments.
In addition to meeting the disability definition, for SSDI, a person must have worked long enough and for enough hours to have sufficient “credits” for eligibility. There is no income requirement — you can be a low earner, a high earner, or in between. SSDI payments are then based on your average earnings. SSI is for individuals with limited assets. In addition to meeting the definition of a disability used by SSA, you will need to show that your assets are sufficiently limited for you to qualify. Sometimes a person can qualify for workers’ compensation and one or both types of Social Security disability benefits.
Contact a Maryland Workers’ Compensation Lawyer
If you were hurt at work and need both costly medical care and time away for recovery, it is critical to seek help from one of the experienced Maryland workers’ compensation lawyers at the Law Offices of Steinhardt, Siskind and Lieberman, LLC as soon as you can. We can help you to understand your eligibility for workers’ compensation, as well as SSDI or SSI benefits through the Social Security Administration. Contact us today for assistance.
Sources:
wcc.state.md.us/Gen_Info/WCC_Benefits.html
ssa.gov/disability
