SSDI Benefits and Workers' Compensation: Can I Receive Both in NC?
When you have suffered an injury, it can be difficult to find out what benefits you are entitled to. While workers’ compensation is a company insurance program that allows injured workers to cover their medical expenses and lost wages, Social Security Disability Insurance (SSDI) is a type of program which pays monthly benefits to people who have become disabled and cannot work before they have reached the legal retirement age. If you are unsure of what workers’ compensation or SSDI benefits you are eligible for, you should consult with an SSDI experienced lawyer in Charlotte, North Carolina about your options.
How Do I Qualify for SSDI Benefits in Charlotte, NC?
Employees are eligible to receive social security benefits if they have been contributing money from each paycheck into the Social Security Trust Fund, which means that to qualify for SSDI benefits, you must have had a long enough work history and contribution to the fund.
This means that to qualify for SSDI benefits, you must have earned a certain amount of work credits. These credits determine if you have worked enough to be eligible for SSDI benefits, and are also determined by your age. You can find out how many credits you need to be eligible for benefits by reviewing the Social Security Administration’s Benefits Planner.
In order to be eligible for SSDI benefits, you must also meet the Social Security Administration’s requirements for being disabled. If you are unsure of what the SSA defines as disabled, you can view their disability evaluation page to see if your disability falls under the SSA’s definition of disabled.
What is Workers’ Compensation?
Workers’ compensation is insurance coverage provided by your employer which provides you with income replacement and medical benefits if you have been hurt or injured at work. Companies in Charlotte, NC that employ three or more part-time or full-time employees are required by law to provide workers’ compensation. If you have been hurt on the job, you are allowed by law to file a workers’ compensation claim against your employer.
In North Carolina, you must report your workers’ compensation accident to your employer within 30 days of the accident, while you have a total of two years to file a workers’ compensation claim.
You May Qualify for Both Workers’ Compensation and SSDI Benefits
If you have been injured at work, you may qualify for workers’ compensation benefits and social security disability benefits if you meet the eligibility requirements for both programs. You will only be eligible for your SSDI benefits if you have enough credits and have paid enough to the program. You must also fit the SSA’s legal definition of disabled. Typically, workers’ compensation payments come first, after which point SSDI benefits are then paid out.
It is important to keep in mind, though, that the requirements for workers’ compensation in Charlotte, NC are different from the requirements for SSDI benefits. Workers’ compensation cases assess the disability or injury you have received as a result of the accident, while SSDI benefits factor in certain eligibility requirements. In the event that you are approved for both workers’ compensation and SSDI benefits, your SSDI benefits may be reduced due to it being offset by the compensation you are receiving for your workers’ compensation benefits.
The Worker’s Compensation Offset
If you are injured at work and receive social security disability benefits, it is possible that your benefits may be offset by the workers’ comp you receive. If you are receiving both workers’ compensation benefits and social security disability benefits in Charlotte, North Carolina, the total amount you receive from these benefits cannot exceed 80% of your average earnings before you became disabled. If the total of these two benefits exceeds this number, the extra amount will be taken out of your social security disability benefits.
This could be a major problem if your workers’ compensation claim was given to you as a lump-sum from your employer. This can affect how much you are receiving from your social security benefit for many years. Contact a lawyer at Ted A. Greve & Associates today to see what can be done about the workers’ compensation offset. Our lawyers can help you navigate through this problem and find a potential solution which can help convert your lump sum into a weekly payment.
Reach Out to a North Carolina Lawyer Today to Discuss Your Workers’ Comp and SSDI Benefits
If you are interested in receiving SSDI benefits in addition to workers’ compensation benefits and are unsure how to navigate through the process, consult with our disability attorney in Charlotte NC today to find out what can be done. We will explain to you what your rights are, how to get through this difficult situation, and what options are the best for you.