You took a bad fall at work, and you’re seriously hurt. It may be quite a while before you return to your old job — if ever.
Naturally, you’re worried about paying the bills, getting the right medical care and providing for your family’s needs. That means looking into all the available benefits that may be out there. You know that you’re entitled to workers’ compensation, but can you get Social Security Disability (SSD) benefits, too?
How SSD interacts with workers’ compensation
You’re in a tricky situation. There’s nothing preventing you from filing for both workers’ compensation benefits and Social Security Disability, but you may not want to rush your SSD claim.
Under the law, the total combined cash benefits you receive from both programs cannot exceed 80% of your average current earnings prior to your injury. It may not be in your best interests to file an SSD claim until you’re looking to settle your workers’ comp claim. (Because everyone’s situation is unique, this is something that you should talk over with your attorney.)
How SSD regards back injury claims
Your situation may be further complicated by the way that back injuries are regarded by the Social Security Administration (SSA).
To qualify for benefits you must first demonstrate that you have a valid impairment. Even the best medical records and tests don’t always reveal the exact nature of a back injury or explain the pain that you may feel. Because of that, back injuries are sometimes treated with suspicion by claims examiners.
You also have to contend with the fact that SSA requires someone’s condition to either be fairly permanent in nature or terminal. Unless your disability has prevented you from working for an entire year or is expected to do so, your claim will be denied.
Asserting your rights under either the SSD program or the worker’s comp system here in Wisconsin can be difficult to do on your own. Don’t hesitate to seek legal assistance for better results.
