If you’ve been injured on the job in Pennsylvania or you have suffered a work-related illness, you may qualify for Social Security disability and workers comp in Pennsylvania. These are two different benefits programs. Social Security Disability Insurance (SSDI) is run by the federal Social Security Administration (SSA) while workers’ compensation is a state program.
You pay into SSDI with every paycheck — it’s automatically deducted from your wages. Your employer pays for your workers’ compensation coverage, and the qualifications for both are different. Depending on your injuries, you may also be covered by your medical coverage or other benefits.
Can You Get Social Security on Workers’ Comp?
This is a common question we hear at My Comp Lawyers. The short answer is “yes.” In fact, if you qualify for both, you should apply for both. However, you will not get more than your current wages, even if you do qualify for both. The total amount you receive from workers’ compensation and SSDI benefits cannot be more than 80% of your income before your injury.
In many cases, workers find they don’t qualify for both. This is because SSDI is often meant for longer-term injuries while workers’ compensation is meant for more temporary injuries.
If you’d like to know whether you qualify for SSDI, FMLA leave, workers’ compensation or other benefits, contact My Comp Lawyers. As certified workers’ compensation specialists, our attorneys understand all the laws surrounding workplace injury benefits. We can guide you to the right benefits and offer assistance through the application process so you can maximize your compensation
Will I Be able to Get Medical Insurance After a Settlement?
Deciding to accept a workers’ compensation settlement from the insurance company can close your claim. It can also affect your medical insurance in the future. You can apply for medical coverage under the Affordable Care Act or Obamacare after a work injury. You will need legal help to insure your work injury is limited and does not hurt your right to future private medical coverage.
If you have Medicare, it may not pay for future medical treatment. Some of your settlement money, however, may be earmarked for future medical expenses. Similarly, if you have private medical insurance, your carrier may not pay for your medical expenses unless you can show that the cost of your treatment is the same as or greater than the amount of the settlement intended for medical use.
Worse, if your injury is a pre-existing one, you may have a hard time getting private medical insurance after your settlement. Private insurance contracts vary widely, however, so how they’re affected by a lump sum settlement can be vastly different. Understanding exactly what the work injury covers is important for future Affordable Care Act or Obamacare coverage. We will guide you so that you don’t go without health insurance.
Before applying for benefits and before accepting a settlement, contact My Comp Lawyers. If the insurance company has made an offer, we can review the offer and your medical coverage to help you understand how your medical insurance will be affected. We can work to protect your medical coverage. We can also negotiate for the fairest lump sum payment possible.
If you’re still applying for benefits, we can guide you through the application process for workers’ compensation and the benefits you qualify for. Since we don’t charge for case management, you never have to worry about legal fees for case management services.