If you suffer a job-related injury– workers’ compensation insurance will replace up to two-thirds of your wages. Although you will not be able to replace the full amount, you might also be eligible to collect additional social security disability income (SSDI) payments.
Submitting and coordinating claims for both workers’ comp and SSDI payments is a complex process that could be simplified with assistance from a knowledgeable New York City personal injury lawyer. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we represent injured workers so that they receive their full amount of benefits.
Is there a limit to the amount that an injured worker can recover from both workers’ comp and SSDI?
Under New York law, the disability benefits that an injured worker is entitled to receive from all sources cannot be greater than 80% of what they were making. Workers’ comp will replace up to 66% of those earnings, and SSDI will replace the balance up to that 80% cap.
For example, a worker who earned an average of $1,500 per week in the year immediately before the accident might recover $1,000 per week from workers’ comp. This amount is 66% of their average weekly wages, which is the maximum allowable payment. Their weekly maximum SSDI benefits in this example would be $200. The injured worker would then receive a total weekly benefit of $1,200, which is 80% of their prior average weekly pay.
When should an injured worker apply for SSDI benefits?
An injured worker can and should apply for SSDI benefits as soon as an injury-related disability prevents that person from going to work. To qualify for those payments, however, the injured worker will need to demonstrate that they will not be able to return to work for at least a year.
The Social Security Administration will make its own determination of the injured person’s disability. It will be based on a physician’s diagnosis and other assessments. Under specific circumstances, in which a person’s condition is expected to improve, they might delay making a decision. A New York City construction accident lawyer who has expertise in processing applications for SSDI benefits– can help an injured worker to improve the likelihood of a favorable determination.
Will SSDI Benefits Begin at the Same Time as Workers’ Comp Benefits?
If an employer approves a workers’ comp claim, that person might begin to receive payments fourteen days after notice of the injury. Unlike these payments, SSDI will not begin until five months after the onset of the disability, but the first check will be retroactive. If this has happened to you, you should consult with a personal injury lawyer for assistance in determining the earliest date for the start of SSDI payments.
Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. For Assistance in Filing for Workers’ Comp and SSDI Benefits
You might readily conclude that workers’ comp and the SSDI rules have been written to prevent the average worker from receiving these benefits. Friedman, Levy, Goldfarb, Green & Bagley will help you to cut through the complexity and the red tape—so you can get the help you deserve.
We represent injured workers in Manhattan, the Bronx, Long Island, Brooklyn, and elsewhere in the NYC metropolitan area. Please see our website or call us for assistance in recovering the full amount of the benefits you deserve from workers’ comp, SSDI, and any third party sources following an accidental job-related injury.
Additional Resources:
- www.dol.gov: Workers’ Compensation. https://www.dol.gov/general/topic/workcomp
- www.ny.gov: Workers’ Compensation (On the Job Injury or Illness). https://www.wcb.ny.gov/content/main/Workers/Discrimination.jsp
- www.ssa.gov: Disability Benefits. https://www.ssa.gov/benefits/disability/
