Are Workers’ Compensation Benefits Better Than Disability Benefits?
Health and safety come first.
However, a job has several concerns, such as lost wages or work. If you get hurt during your work in Anaheim, you can hire a personal injury lawyer to claim compensation benefits.
These include:
● Workers’ compensation
● Unemployment compensation
● Short and long-term disability
● Accident or sickness benefits
● Social Security Disability Insurance Benefits (SSDI) in case of a severe injury and if you meet the Social Security Administration (SSA) criteria
You must be cautious despite the benefits because what you accept will influence the payment you receive from other benefits. For example, an individual may qualify for workers’ compensation and SSDI.
However, the amount they can receive is limited if they apply for both benefits.
What is Worker’s Compensation?
It is compensation that gives benefits to workers when they sustain an injury or health problem due to their work.
It may include medical bills and benefits for temporary or permanent disabilities.
A worker experiencing a medical condition or injury because of their occupation or work has escalated existing work-related medical issues can file a Disability Insurance (DI) claim.
An individual can seek DI benefits if
● Their employer or their employer’s workers’ compensation insurance delays or denies workers’ compensation benefits.
● The amount of their workers’ compensation weekly benefit is less than their DI weekly benefit.
But they cannot get workers’ compensation and DI benefits simultaneously. If you have a pending workers’ compensation case and the SDI issues benefits, a lien will be filed to recover those benefits after the compensation case settlement.
What is Disability Insurance?
It is part of the State Disability Insurance (SDI) program. Disability Insurance gives partial wage replacement benefits to entitled workers unable to work because of a condition, injury, or pregnancy, one that is not related to work. You can receive DI benefits for a limited time.
Workers Compensation VS Disability
Workers’ compensation benefits are only available to those who sustain an injury on duty and cover medical bills and lost wages. Although these are government-required benefits, the employer’s insurance company pays all the benefits.
It is illegal for an employer to fire you if you have applied for these benefits. If so happens, you can file a lawsuit against them. However, they can dismiss you depending on past performance.
For instance, they might have planned a layoff before your injury. In this case, your employer can release you whenever they want, more so if you are employed at will.
At-will employment enables an employer to release you during your workers’ compensation period for even the smallest reasons. However, you can also leave the job whenever you want.
If you think they fired you because you have filed a workers’ compensation claim instead of the reason they showed you, talk to workers’ compensation consultants.
However, if they fire you while working light or your time off work because of work injury, you continue to avail of the compensation benefits until you retain good health.
You need not sustain an injury at a specific job to be entitled to SSDI. You can still be eligible for it if you were injured at work, off work, or both. For example, you work at a factory and inhale chemical fumes that got you dizzy; you return home, and while entering the bathroom, you trip and fall because you are still dizzy, the injury makes you eligible for SSDI benefits if it makes you disabled.
But an individual needs to prove a disability prevents them from continuing their work for their employer, one they have been serving for the past 15 years. They must also prove that the disability will keep them from performing any other work seamlessly. They can continue getting SSDI benefits until they are fit to work or reach their retirement age. In this case, the disability benefits become retirement benefits.
What Pays More, Workers’ Comp or Disability?
When looking at the difference between workers comp and disability benefits, long-term and short-term, you will find that the disability benefits do not:
● Cover workplace injuries
● Pay more in wage loss benefits than workers’ comp
● Cover medical bills
● Have an unlimited duration
Contact an accident attorney in Los Angeles if you or your family member were injured on or off work due to a workplace accident. Consult with them to find out more about the steps you should take.
Useful Related Article: How Do Slip And Fall Accidents Occur And What Are Their Consequences?
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