Richmond Workers’ Compensation attorney often have to explain to their clients how receiving public benefits from more than one source can affect the amount of money they receive. This is the case when someone is receiving Social Security disability benefits and Workers’ Compensation benefits.
Social Security Disability
This federal benefits program is funded from the Social Security taxes every worker contributes to with each of their paychecks. It also receives funding from employers and the self-employed.
Social Security Disability Insurance (SSDI) is aimed at helping disabled workers and their children with financial assistance. A worker is only eligible to receive compensation if enough credits have been earned during their lifetime as an employee. This is determined by the amount of taxable work they completed.
All employees earn Social Security insurance coverage for a certain amount of work. For every year of work, an employee is eligible to earn up to four quarters of coverage. To be considered for disability-insured status, you generally must have earned at least 20 quarters of coverage over the last ten years to be considered fully insured.
A worker is fully insured if:
- he or she has earned at least one quarter of coverage every year since turning 21; and
- it is the year when he or she became disabled, the year before death or the year before the individual’s 62nd birthday, whichever is earliest.
There are exceptions, but these rules generally apply. The monthly check received for disability will be based on the amount of earnings the insured worker has accumulated under Social Security. On average, a disabled worker may receive payments from $500 to $2,000 a month.
This state benefits program is funded by employers and helps cover work-related injuries. The laws governing Workers’ Compensation are meant to protect both workers and employers alike.
For workers, it saves them from having to legitimize their injury by taking their employer to court. On the other hand, employers are protected from dealing with unsubstantiated lawsuits. Your Richmond Workers’ Compensation attorney is a key resource if you think you may need to argue for disability benefits.
The disability benefits provided by Workers’ Compensation are designed to provide financial assistance to employees who are unable to earn a living because of an injury sustained at work. The amount approved for compensation is based on what the injured worker’s earnings were before the injury. Most injured employees applying for Workers’ Compensation can expect to receive about two-thirds of their previous wage amount tax-free.
To qualify for workers compensation benefits, it must be shown that:
- the injury was work-related;
- the injured employee was covered by his employer with Workers’ Compensation insurance; and
- the individual was employed by the company where he or she is seeking to file a benefits claim.
If someone is receiving Social Security disability benefits and files for Workers’ Compensation, there will be reduction in the amount of money received every month. The standard guideline is that the payments from these combined sources cannot exceed 80% of the individual’s pre-disability salary. By hiring a Richmond Workers’ Compensation attorney, you can be sure that you do not miss any payments you are due.
For those workers applying for more than one disability benefits program, it may be worth the time to schedule a consultation with a Richmond Workers’ Compensation attorney. A law firm specialized in this area will be able to assess your situation and ensure you have filed the correct documents to protect your Social Security benefits as well as your Workers’ Compensation claim.
Learn More from a Richmond Workers’ Compensation Attorney
To receive the most from the benefits programs available to you in Virginia, it is best to speak with an experienced Richmond Workers’ Compensation attorney. The Injured Worker’s Law Firm has been fighting for the rights of Virginians for more than 20 years. Give us a call today at 804-755-7755 or 877-755-7744, and ask for your free Ultimate Guide to Workers’ Compensation in Virginia.
About the Author: Injured Workers Law Firm
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia Workers’ Compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.