The Difference Between Social Security Disability Insurance and Workers’ Compensation

The Difference Between Social Security Disability Insurance and Workers’ Compensation

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If you aren’t sure about the differences between Social Security and workers’ comp, you’re by no means alone. A lot of people have a hard time. It can also, in many instances, be hard to determine how regular Social Security and Social Security disability insurance differs.

A New Orleans Social Security lawyer with Irpino, Avin & Hawkins can help clear up these complexities. In fact, Social Security disability insurance in New Orleans is one of our specialties. Here’s some information about how the process works.

Suffering a Disabling Injury on the Job

When it comes to Social Security vs. workers’ comp, there are some significant differences. When you’re hurt at work, you file a workers’ comp claim to get money for things like medical bills and a portion of your lost wages. Employers have to carry workers’ comp insurance in most states. If you suffer a disabling injury, workers’ comp may provide benefits until a doctor determines that your disability is permanent. Afterward, you might be able to obtain Social Security disability insurance.

There are some rare instances where you might be able to obtain Social Security disability and workers’ comp at the same time. For example, if you expect to be disabled for at least one year and one day and you’ve paid enough in Social Security taxes to be covered for Social Security disability, you might be able to draw on that as well as workers’ comp simultaneously. Your Social Security benefits, however, may be reduced while you’re receiving workers’ comp benefits.

Some people wonder whether they can obtain workers’ comp as well as unemployment benefits at the same time if they can’t work due to their injury. The answer is typically “no,” but there may be a chance you can draw unemployment if your doctor says you can’t return to your same job, your employer doesn’t have another job available that you could perform and you are unable to find other employment.

In the vast majority of instances, you have to be able to work to get unemployment benefits.

When to Speak With a New Orleans Disability Insurance Attorney

The first question you’ll probably ask yourself if you’ve been permanently disabled is, “When can I get Social Security disability?” But if you think you will automatically be able to obtain benefits, you could be severely disappointed.

There are times when you should seriously consider speaking with a New Orleans Social Security lawyer. One of those times is when your Social Security disability claim is denied. The agency typically takes five factors into consideration when either approving or denying a claim. It looks at:

  • Whether or not you’re working
  • Whether your condition is disabling
  • Whether or not you can perform the same duties as before you were injured
  • Whether you can do another type of work
  • The severity of your condition

If your claim is denied, you might be able to appeal that decision. That’s where you’ll need the help of an experienced attorney who can help with your Social Security disability insurance claim in New Orleans.

A New Orleans Social Security lawyer with Irpino, Avin & Hawkins can help you deal with the complexities and bureaucracy involved with filing a claim.

We’ve helped many, many people obtain the benefits to which they’re entitled even after their claims were initially denied. Give us a call at 800-7500-LAW or contact us online to schedule a consultation with one of our experts. We’ll provide you a clear, detailed explanation of how we may be able to help.

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