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You are injured at work and you wonder if you qualify for both Workers’ Compensation and Social Security Disability. You would like to get both benefits but can you get both benefits at the same time and is the disability test the same?

First, Virginia Workers’ Compensation is a program to pay the injured worker who suffers an injury on the job. Generally, Workers’ Compensation Insurance pays two thirds (2/3) of one’s salary. It is non-taxable. It also pays for medical bills caused by the accident. Any employer in Virginia who has two or more employees is required to have workers’ compensation insurance. If the worker due to the injury is unable to perform the duties of his occupation, then the insurance company will pay “compensation” to the worker based on two thirds (2/3) of his salary. Generally, the worker does not have to be “totally disabled” rather the worker due to his injury must just be “incapable’ of performing the duties of his/her job. Injury compensation in Virginia is governed by the Virginia Workers’ Compensation Commission. If there is a dispute between the injured worker and the insurance company over his/her disability status that dispute is resolved by a Deputy Commissioner at the Commission in an administrative hearing.

Second, Social Security Disability (SSD) is a federal program and is not run by states such as Virginia. Its benefits are a monthly stipend based on the worker’s earnings records and Medicare after receiving the stipend for two years. Generally, unlike a workers’ compensation claim, in a SSD claim the worker will have to show he or she is “totally disabled” for work. The definition of disability Social Security uses is a disability that has lasted can be expected to last more than twelve (12) months which prevents you from earning more than $1,000.00 a month. If SSD is initially refused, your case will ultimately be decided by a federal administrative law judge in a hearing.

You are injured at work and you wonder if you qualify for both Workers’ Compensation and Social Security Disability. You would like to get both benefits but can you get both benefits at the same time and is the disability test the same?

First, Virginia Workers’ Compensation is a program to pay the injured worker who suffers an injury on the job. Generally, Workers’ Compensation Insurance pays two thirds (2/3) of one’s salary. It is non-taxable. It also pays for medical bills caused by the accident. Any employer in Virginia who has two or more employees is required to have workers’ compensation insurance. If the worker due to the injury is unable to perform the duties of his occupation, then the insurance company will pay “compensation” to the worker based on two thirds (2/3) of his salary. Generally, the worker does not have to be “totally disabled” rather the worker due to his injury must just be “incapable’ of performing the duties of his/her job. Injury compensation in Virginia is governed by the Virginia Workers’ Compensation Commission. If there is a dispute between the injured worker and the insurance company over his/her disability status that dispute is resolved by a Deputy Commissioner at the Commission in an administrative hearing.

Second, Social Security Disability (SSD) is a federal program and is not run by states such as Virginia. Its benefits are a monthly stipend based on the worker’s earnings records and Medicare after receiving the stipend for two years. Generally, unlike a workers’ compensation claim, in a SSD claim the worker will have to show he or she is “totally disabled” for work. The definition of disability Social Security uses is a disability that has lasted can be expected to last more than twelve (12) months which prevents you from earning more than $1,000.00 a month. If SSD is initially refused, your case will ultimately be decided by a federal administrative law judge in a hearing.

The ugly truth about some workers compensation claims is, they end up having to be settled in court. The process is expensive. It’s long. It’s stressful,and it’s still no absolute guarantee that you’re going to win your workers compensation case. If you’ve decided that going to trial is what you need to do, know that there are irreversible risks involved, and know that it’s not going to be pleasant or fun, for anyone. Here are some things to think about and remember if you have to show up to court regarding your workers compensation insurance claim case.

Both side’s attorneys are going to do everything they can to put the best faces of their clients forward to the judge. This means that you’re going to be fair game- meaning you’re probably going to get bashed and your character is going to come into question in front of a lot of people. In fact, a lot of insurance agencies will take video tape surveillance of you when you don’t know it, going about your daily life during a claim. They will show this video in court, putting your private life in front of everyone for scrutiny. This can be emotionally damaging. Make sure you’re able to handle this kind of situation professionally. Each side is going to take this case seriously.

Workers compensation is one of those policies that most people don’t know much about until they get injured at work. Certainly, it’s something we usually associate with workers who do dangerous work, like fishermen, construction workers or miners. But this program covers other types of incidents as well, including long term ones, which may be more common in offices. Here’s how long term diseases are handled by workers compensation.

The basic idea behind workers compensation is that anything that’s caused by your job description, while you’re at work, is covered. That means if you’re a construction worker, and you fall down while building a house, then this policy covers you, and will provide financial aid for your medical bills and lost salary. But sometimes, it’s not a simple injury, it could be something much slower to develop. One example is those workers who handled asbestos. This material was found to be toxic, and cancer could develop around 30 years after the fact. If your employer was found to be negligent, then you may be covered, even if it’s been so long. Another, more common example, is carpel tunnel syndrome. Any office worker that has to type on a keyboard for a long period of time risks getting carpel tunnel syndrome, which is a pain found in the wrists. If this occurs, then you may be forced to see a doctor, take medications, and maybe even miss work. You should be covered for that, even if it’s a much slower disease.