The Legal Rights and Options for Workers Who Suffer From Permanent or Partial Disability Due to Work Injuries

Work injury disability benefits can help you replace lost wages and get back to normal life quickly.

2.2 million people suffered from workplace injuries in the year 2021. That indicates a 6.3% rise in the number of people in need of work injury disability lawyers and benefits.

13.7% of all disabled people between ages 13-61 have a work injury to blame for their disability. To provide disability rights for injured workers, there are 3 different programs in the United States:

Workers’ Compensation Benefits
Social Security Disability Insurance (SSDI)
Supplemental Security Income (SSI)

Every disability benefit program has its own eligibility criteria, application process, and rules for determining disability.

Workers’ Compensation Benefits

The defining characteristic of this state-mandated insurance program is that it protects both employers and employees.

Here’s how workers’ compensation typically works:

Coverage

Mandatory Insurance: In these cases, it is made mandatory for employers to offer this insurance.

Employer Responsibility: Your employer has the responsibility to maintain this insurance program.

Employee Eligibility

You need to be eligible for this program to get compensation. That means that the injury you have must be related to the job you’re doing.

Benefits You Can Receive from Workers’ Compensation

Medical Benefits

You can get compensated for all the money you spent on your injury.

Wage Replacement Benefits

Designed to replace a portion of your lost wages.

Temporary Total Disability (TTD)

Paid while you are completely unable to work due to your injury or illness.

Temporary Partial Disability (TPD)

Paid when you can work but at a reduced capacity or with restrictions, resulting in reduced income.

Permanent Total Disability (PTD

Paid if your injury or illness is so severe that you are permanently unable to work.

Vocational Rehabilitation

To help you acquire new skills or training to find suitable employment within your physical limitations.

Disability Benefits

Specific criteria and calculation methods for permanent disability benefits vary by state.

Death Benefits (for Fatal Injuries)

Benefits can include financial support and burial expenses.

Travel and Rehabilitation Expenses

Workers’ compensation may cover reasonable travel expenses related to medical treatment and vocational rehabilitation.

The Pros and Cons of Workers’ Compensation

Pros	Cons
Guaranteed Benefits	Limited Benefits
Medical Coverage	Only for Qualifying Injuries
Wage Replacement	Limited Duration
No Need to File a Lawsuit	Limited Choice of Doctors
Vocational Rehab	No Coverage for Emotional Suffering

Types of Injuries that Qualify

Slips, Trips, and Falls

Muscle Strains and Sprains

Cuts and Lacerations

Burns

Electrical Shock Injuries

Falling Objects

Machinery Accidents

Repetitive Stress Injuries (RSIs)

Exposure to Hazardous Substances

Occupational Illnesses

Injuries from Vehicle Accidents

Workplace Violence.

protect your rights

Social Security Disability Benefits

The condition for getting Social Security disability benefits is that the disability must be expected to last for at least one year or result in death.

SSDI is a part of the Social Security program. Every worker who gets these benefits has contributed to the Social Security system through payroll taxes.

Medical Evaluation

Your medical condition has to be evaluated by the SSA. They need to confirm that you actually have the disability that you are claiming benefits for.

Application Process

The application can be filled out online or by phone too. You will have to fill out some information about your work history and the disability you have.

Work History Review

The SSA will review your work history and determine if you have earned enough work credits to qualify for SSDI benefits.

Decision and Appeals

You will get a decision about whether or not you are getting the benefits you demanded. You can appeal against it afterwards.

Eligibility Criteria

To get these benefits, you need to:

Have a disability that prevents you from working
Have a disability that is expected to last for at least one year or result in death.
Have earned enough work credits through your employment history. The number of credits required depends on your age at the time of disability.

Benefits You Can Receive from Social Security Disability

Monthly Disability Payments

monthly cash payments to help cover living expenses.

Medicare

Healthcare coverage provided after you have been receiving benefits for 24 months.

Dependent Benefits

Your family members who depend on you might get benefits too.

Pros and Cons of Social Security Disability

Pros	Cons
Ongoing financial support	Strict eligibility criteria
Medical expense coverage	Lengthy application process
Long-term disability	High denial rates

Long-Term Disability Insurance Benefits

For the time span in which you can’t work to earn, you will get long-term disability insurance benefits. Here’s how it generally works:

Premium Payments

You pay regular premiums to the insurance company.

Benefit Payments

These payments usually replace a percentage of your pre-disability income, often around 50-70%.

Waiting Period

Expect a waiting period of up to 180 days.

Duration

Long-term disability benefits can last for several years or until you reach a certain age, typically 65.

Definition of Disability

Every policy has a different definition for disability.

Approval Process

To qualify for benefits, you must provide medical evidence of your disability and meet the policy’s criteria.

The Benefits You Can Receive from Long-Term Disability Insurance

Income Replacement

regular benefit payments to help cover your living expenses when you’re unable to work.

Financial Security

your financial stability is protected even if you’re unable to earn an income for an extended period.

Rehabilitation Support

to help you transition back to work when you’re ready and able.

The Pros and Cons of Long-Term Disability Insurance: What's the Catch?

Pros	Cons
Income Replacement	Expensive Premiums
Flexibility	Complex Terms
Peace of Mind	Waiting Period

The Common Work Injuries That Can Qualify You for Long-Term Disability Insurance Benefits

Work injuries that can qualify you for long-term disability insurance benefits include:

Back and Spinal Injuries: These can result from lifting heavy objects or accidents at work.
Traumatic Brain Injuries: Common in occupations with a risk of head injury, such as construction.
Repetitive Stress Injuries: Conditions like carpal tunnel syndrome can develop over time due to repetitive motions.
Occupational Diseases: Certain work environments expose employees to hazardous substances that can cause chronic illnesses.
Joint and Limb Injuries: These can result from accidents or overuse of specific body parts in physically demanding jobs.

The Interaction and Coordination of Different Disability Benefits

You can be eligible for many types of disability benefits at once. Here’s how they interact:

Workers' Compensation and SSD

Overlap: If you’re eligible for both Workers’ Compensation and SSD, you can typically receive benefits from both programs simultaneously.

Offset: The combined benefits you receive from Workers’ Compensation and SSD can’t exceed a certain percentage of your pre-disability income. If they do, the SSD benefits may be reduced to stay within the allowable limit.

Workers' Compensation and LTD

Overlap: Workers’ Compensation and LTD can also overlap, and it’s possible to receive benefits from both sources.

Offset: The total amount you receive from both sources can’t exceed a certain percentage of your pre-disability income.ability you have.

SSD and LTD

Overlap: You can receive SSD and LTD benefits concurrently.

No Offset: You can collect the full amount from both sources, and they won’t reduce each other.

Here are some additional interactions to keep in mind:

Double Dipping: This is when you receive more benefits than your pre-disability income, which is generally not allowed.
Income Replacement Limits: Both Social Security Disability and private LTD insurance often have income replacement limits. These limits restrict the total amount of benefits you can receive when combining benefits from different sources.

Tax Considerations: Some disability benefits may be taxable, while others are not. Understanding the tax implications of your benefits is crucial to avoid unexpected tax burdens.

I. The Tips and Strategies for Maximizing and Coordinating Your Disability Benefits

To maximize and coordinate your disability benefits effectively, consider the following tips and strategies:

1. Understand Your Benefits

Study the benefit programs that you are eligible for so that you have the knowledge to deal with any complications.

2. Consult a Professional

Talk to someone who has helped people get workers’ disability benefits before.

3. Report Changes

Any changes in your circumstances should be reported to the authorities involved.

4. Coordinate Carefully

When you’re eligible for multiple benefits, coordinate them strategically to ensure you receive the maximum support without exceeding income replacement limits.

5. Consider Tax Implications

Understand the tax consequences of your benefits. You might have to pay taxes on some of them.

6. Plan for the Long Term

You need to know how different disability benefits might interact with each other.

II. The Legal Rights and Options for Workers Who Are Denied or Disputed Disability Benefits

Facing a denial or dispute of your disability benefits can be incredibly frustrating and stressful. Several common reasons and scenarios can lead to these denials or disputes:

Lack of Medical Evidence

Inadequate medical documentation supporting your disability claim is a common reason for denial.

Failure to Meet Eligibility Criteria

Your disability might not qualify for a certain type of benefit program.

Insufficient Work Credits

You need to have a certain number of work credits to get Social Security Disability benefits.

Income and Asset Limits

Your income and assets need to not exceed fixed limits for you to get benefits.

III. What To Do When You Face a Denial or Dispute of Your Disability Benefits

Facing a denial or dispute of your disability benefits can be incredibly frustrating and stressful. Several common reasons and scenarios can lead to these denials or disputes:

Appeal

Most disability programs allow you to appeal a denial. This involves submitting additional evidence, attending hearings, and presenting your case to an administrative law judge.

Reconsideration

For Social Security Disability, you can request a reconsideration of your case. This involves a fresh review by a different examiner.

Hire an Attorney

Work injury disability lawyers can help you get disability benefits.

File a Lawsuit

Even if your appeal is rejected, you can still file a lawsuit in federal court to get benefits.

IV. Tips for Preparing and Pursuing Your Disability Claim

Preparing and pursuing your disability claim requires careful attention to detail.

1. Gather Comprehensive Medical Records

You will need to provide detailed information about your disability to get benefits.

2. Follow Prescribed Treatment

Comply with your healthcare provider’s recommended treatments unless there’s a valid reason not to. Failing to do so may be used against your claim.

3. Keep Detailed Records

Maintain a diary of your symptoms, doctor’s appointments, medications, and any side effects. This can provide valuable evidence.

4. Seek Legal Guidance

Consider consulting with a disability attorney early in the process to understand your rights and options.

How Legal Yogi Can Help with Legal Rights and Representation

If you’re having any kind of difficulty claiming your workers’ disability benefits, talk to a Legal Yogi representative today. Here’s how we can help you:

Legal Expertise

Connecting you with experienced disability attorneys who specialize in handling cases like yours.

Case Evaluation

Receive a free case evaluation to understand the strength of your claim and your legal options.

Representation

Find reputable legal representation to navigate the appeals process or file a lawsuit if needed.

Access to Resources

Legal Yogi provides access to a wealth of resources and information to empower you in your pursuit of disability benefits.

The Challenges and Tips for Living with a Disability After a Work Injury

Physical Challenges

Pain and Limited Mobility: Depending on the severity of your injury, you may experience chronic pain and limited mobility, making daily tasks difficult.
Loss of Independence: Disabilities can lead to a loss of independence, requiring assistance with activities you once did on your own.

Emotional Challenges

Depression and Anxiety: Not being able to do things that you once enjoyed can cause depression.
Identity Crisis: Disability can be hard to cope with as it changes who you are in many ways.

Financial Challenges

Income Loss: Work injuries often result in income loss, causing financial strain as you adapt to a reduced income or navigate the disability benefits process.
Medical Expenses: Medical bills for treatments, medications, and assistive devices can accumulate quickly.

The Tips and Resources That Can Help You Cope and Thrive with Your Disability After a Work Injury

Physical Well-Being

Rehabilitation: Engage in physical and occupational therapy to regain strength and mobility.
Assistive Devices: Utilize assistive devices such as wheelchairs or mobility aids to enhance your independence.

Emotional Well-Being

Mental Health Support: Seek therapy or counseling to address feelings of depression and anxiety.
Support Groups: Join support groups for individuals with similar disabilities to connect with others facing similar challenges.

Financial Well-Being

Disability Benefits: Explore disability benefits available to you, such as Workers’ Compensation, Social Security Disability, or private disability insurance.
Budgeting: Create a budget to manage your finances effectively, prioritizing essential expenses.