When you suffer an on-the-job injury that makes you unable to work, you may be entitled to disability benefits through workers’ compensation. You may also be entitled to Social Security Disability (SSD) benefits if you have a long-term injury or disabling medical condition.
While you can obtain both SSD disability and workers’ compensation disability, your workers’ compensation settlement must be set up properly to avoid putting your eligibility for full SSD benefits at risk.
Talk With Our South Carolina Workers’ Compensation Lawyers Today
When entering into a legal settlement for your workers’ compensation claim, it is crucial that you consult with a lawyer in order to protect your right to receive all of the SSD benefits you deserve. At Joye Law Firm, our attorneys have nearly 250 years of combined experience with workers’ compensation cases. We understand how your workers’ compensation settlement must be structured in order to protect your eligibility for SSD benefits, and we will help you to make sure you get the full benefits you deserve.
Our workers’ compensation lawyers have been helping clients with workers’ comp and disability benefits claims since 1968. From our offices in Clinton, Myrtle Beach and Charleston, our workers’ compensation attorneys represent injured clients throughout South Carolina, including Florence, Richland County, Orangeburg, Columbia, Horry County (Conway and North Myrtle Beach), North Charleston, Mount Pleasant and Summerville.
What You Need to Know About Protecting Your SSD Benefits
SSD benefits are available to workers who have qualifying conditions that have lasted or will last 12 months or longer and that make them unable to work any job. SSD benefits are separate and distinct from workers’ compensation benefits, which are available to workers who have a temporary or permanent total or partial disability that reduces their earning power or makes them unable to work. Under the federal laws and the laws of South Carolina, you are entitled to both SSD benefits and workers’ compensation benefits, provided you meet the basic qualifying requirements for both programs.
However, federal law imposes an important limitation that you need to be aware of. According to federal law, injured workers who receive both SSD benefits and workers’ compensation benefits are not permitted to receive benefits exceeding 80 percent or more of the income earned pre-injury. In other words, if you agree to a workers’ compensation settlement that involves your receiving a large lump sum, you may disqualify yourself from SSD benefits. To avoid this, your workers’ compensation settlement agreement will need to prorate your settlement payments so you are not disqualified from SSD benefits.
Unfortunately, many workers who enter into their own workers’ compensation settlement agreement are not aware of the impact that a large lump-sum payment can have on their right to SSD benefits. This is why it is so important to have a South Carolina workers’ compensation lawyer on your side.
Both the South Carolina workers’ compensation system and the federal Social Security Disability benefits system are intended to provide a safety net for workers who become disabled and who cannot support themselves as a result of their medical condition. It is unfortunate that SSD and workers’ compensation are both so complicated and that there are so many pitfalls for the average worker who just hopes to receive the benefits that the law guarantees. The insurance company’s lawyer is not going to give you advice about including proration language in a settlement to protect your future SSD benefits.
Fortunately, you can navigate through the complicated benefits system and protect your right to both SSD and workers’ compensation benefits. You just need an advocate to help you. At Joye Law Firm, our South Carolina workers’ compensation lawyers can be your guide through the workers’ comp and SSD system. We represent clients throughout South Carolina both in applying for Social Security benefits and in making workers’ comp claims.
Get Help from Our Workers’ Compensation Lawyers Today
If you’ve been injured in a workplace accident, you can trust the attorneys at Joye Law Firm to work to get you the money and full medical benefits you are entitled to under the law. We represent injured workers all over the state, including Charleston, North Charleston, Mount Pleasant, Goose Creek, Summerville, and Moncks Corner.