Do I Qualify for SSD if I get Workers' Comp?

Do I Qualify for SSD if I get Workers’ Comp?

A sudden work injury or disabling medical condition can be devastating. If you cannot work, you cannot pay your bills. You might wonder what your family will do without your income. The good news is that you could be eligible for one or more forms of disability benefits

Most workplace injuries are covered by workers’ compensation in Pennsylvania. Injured workers may receive paid medical treatment. They may also receive lost wages benefits. 

When a work-related injury causes permanent disability, the worker may also be entitled to receive Social Security disability benefits. 

Receiving private or public disability payments and SSDI payments can cause problems. Disability benefits from other sources could reduce your Social Security disability benefits. However, there are a few exceptions. 

Pennsylvania Workers’ Compensations vs. Social Security Disability 

The Pennsylvania Workers’ Compensation Act governs workers’ comp benefits for injured workers. The Pennsylvania Department of Labor and Industry handles workers’ compensation claims

Generally, workers’ comp benefits include:

  • Payments for lost wages
  • Medical care
  • Specific loss benefits
  • Death benefits for surviving family members

Injured workers may receive temporary total disability benefits for up to 105 weeks. Disability benefits will continue if the worker’s impairment rating is 35% or higher.

On the other hand, the federal government funds Social Security disability benefits. The Social Security Administration (SSA) manages disability benefits, which offers an additional form of compensation for injured workers. 

Qualifying for Workers’ Compensation and Social Security Disability Benefits

Each program has different eligibility requirements for benefits. You might qualify for workers’ compensation disability benefits. However, the SSA might deny your application for Social Security disability benefits.

To receive workers’ compensation disability benefits, the Injured worker needs to show:

  • They sustained an injury on the job
  • During the ordinary course of employment
  • That prevents them from working

However, the requirements for SSDI are different. You must have a mental or physical disability that prevents you from working. Your medical condition must last at least one year or result in death. 

How Will My Workers’ Compensation Benefits Affect My Social Security Disability Claim?

The application process for Social Security disability and workers’ compensation are different. You can file a Pennsylvania’s workers’ compensation claim after a work injury. If the injury causes a long-term disability, then you can apply for Social Security disability benefits. 

The problem arises if both applications are approved. Your SSDI payments could be reduced based on your workers’ compensation payments. 

Figuring Your Reduction in SSDI Payments Based on Workers’ Compensation Benefits

The SSA calculates the reduction in SSDI payments based on your workers’ compensation benefits. Your SSDI monthly benefits include benefits paid to your family. 

The total of your SSDI benefits is added to the amount of your workers’ compensation payment. If the total is more than 80% of your average current earnings, the SSA reduces your disability benefits. If you stop receiving workers’ comp benefits, the SSA should increase your SSDI payments. 

The SSA uses several different formulas to calculate average current earnings. The formula used in your case depends on the specific facts of your case.

Do Private Disability Payments Impact Social Security Disability Income?

Public disability payments for non-job-related disabling conditions could reduce Social Security disability benefits. The payments include benefits from federal, state, and local governments. 

There are exceptions to this rule, including: 

  • Veterans Administration benefits
  • Supplemental Security Income
  • State and local government benefits when you paid Social Security taxes from your earnings

Private disability insurance benefits should not affect SSDI payments. Likewise, private pensions do not affect Social Security disability benefits. 

Are You Unsure What Your Next Step Should Be Regarding Disability Benefits?

Your goal is to receive the most money possible for disability benefits. You need the income to support yourself and your family. However, receiving multiple disability payments can cause issues. 

Do you have questions about Social Security disability benefits? If so, you can contact the Social Security Administration. You may also want to consult with a disability lawyer. 

A lawyer can help you understand your options and legal rights; they can also help you maximize your benefits.

Do I Need an Attorney for My Motorcycle Accident?

Do I Need an Attorney for My Motorcycle Accident?

If you are an avid motorcycle rider, no one would blame you for preparing for the worst—even while hoping for the best. After all, motorcycles are involved in more than 80,000 accidents every year according to the NHTSA. Even if you are a safe and cautious rider, you still put yourself at risk every time you hop onto your bike.

While there is no reason to give into alarmism, it does help to know your options before an accident happens. In this guide, you’ll discover everything you need to know, including when to call a motorcycle accident attorney. 

Steps to Take After a Motorcycle Accident

After a motorcycle accident, you may feel confused and disoriented. However, there are several important steps you’ll want to take.

1. Call for Medical Attention First

Your first priority should be the health and safety of everyone involved in the accident. If any person requires medical attention, call 911 right away. It may also be wise to move everyone out of the busy roadway and away from danger.

If you end up getting medical treatment, save your receipts and records. An attorney can use these records to estimate the value of your case. 

2. Gather Everyone’s Contact Information

After you have moved to the side of the road, take a moment to gather the contact information of everyone involved. Be sure to make a record of:

  • Names
  • Phone numbers
  • License plate numbers
  • Addresses
  • Insurance information

If multiple people are involved in the accident, take care to keep this information organized. 

3. Call the Police

If you haven’t already, call 911 and request a police report for the accident—especially if the damages seem like they might exceed $500. A police report can make or break a lawsuit or insurance claim down the road. 

Sometimes, physical and property damages don’t present themselves for hours or days. Call the police even if the damages seem minor as a precautionary measure. 

4. Call a Motorcycle Injury Lawyer

Even a non-fatal accident can cost several thousands of dollars. That’s exactly why you should call a motorcycle attorney after every motorcycle accident, especially when serious injuries or fatalities are involved. 

How Can a Motorcycle Accident Lawyer Help?

After a collision, it can be difficult to know who’s to blame. A knowledgeable motorcycle accident attorney can help you to compile witness statements, police reports, and medical bills to determine which insurance provider to file a claim with.

While you might think that you can file a claim on your own, you may not know just how much you are entitled to without legal representation. 

Insurance companies often use underhanded tactics to delay or deny claims, even when they’re valid. If they do offer a settlement, they may try to create an offer in an unreasonably low amount. 

A lawyer can help you calculate the value of your claim, accounting for every cent of your damages. A motorcycle lawyer can also guide you through the process of negotiating a settlement so that you avoid making common mistakes such as:

  • Signing a document without fully understanding the repercussions
  • Allowing the insurance company to record your call
  • Accepting a lowball offer

With a motorcycle accident law firm on your side, you can avoid these mistakes. 

An experienced attorney can negotiate with the insurance providers to fight for an adequate settlement. If insurers are uncooperative or the driver who was at fault did not have adequate coverage, a motorcycle accident attorney can even take your case to court, if necessary.

Can You Sue for a Car Accident If You Are Not Hurt?

Can You Sue for a Car Accident If You Are Not Hurt?

Although it might surprise you to learn, you can sue for a car accident if you are not hurt. But in many cases, you will not need to file a lawsuit to recover your damages. The time, effort, and money put into a lawsuit will not justify the damages you recover in these situations.

There are a few narrow circumstances in which you might file a lawsuit without an injury. The decision to file a lawsuit over damaged property will depend on the property in question and the at-fault driver’s assets.

Here is some information about the situations in which you might sue for a car accident, even if you weren’t hurt.

How Car Insurance Works

Car insurance in California includes bodily injury liability (BIL)  insurance and property damage liability (PDL) insurance.

Bodily Injury Insurance

In California, bodily injury liability insurance covers people injured in an accident caused by the insured party. After a car accident in California, all of the accident victims file a claim against the at-fault driver’s BIL policy.

The insurer investigates who caused the accident. As a result, the accident victims may find themselves searching for an “auto accident lawyer near me” early in the claim process because everything hinges on proving liability for the accident.

Property Damage Insurance

Every state requires property damage liability (PDL) insurance. The limits of these policies vary from state to state. For example, California requires every registered vehicle owner to carry at least $5,000 in PDL insurance.

PDL insurance pays for the cost to repair or replace property damaged by the insured. In most cases, the damaged property will consist of a vehicle. But PDL also covers the repair or replacement of your fence or tree if a negligent driver hits it.

You rarely need to search for a “car accident lawyer near me” for property damage only (PDO) accidents. Instead, you will file a damage claim against the driver’s PDL insurance.

How Much Can Someone Sue for in a Car Accident?

Your damages for property damage include the cost of repairing or replacing the property. For example, you may find yourself wondering, “Someone totaled my car. Can I sue?” In short, you can. However, you’ll usually start by filing an insurance claim.

When you file an insurance claim for property damage, the claims adjuster will:

  • Inspect the damage
  • Collect repair estimates
  • Set a value for your vehicle
  • Offer a damage settlement

Even if your car gets totaled, the at-fault driver’s insurer can estimate its replacement value. Because the adjuster bases the estimate on objective sources like Blue Book values, you can usually negotiate a fair payout without filing a lawsuit.

When Could You Sue for a Car Accident Without Getting Hurt?

Occasionally, you might sue for a car accident without getting hurt. This usually happens because something has gone wrong with the insurance claim process.

Some scenarios where you might sue rather than settle include:

You Were Hit By an Uninsured Driver

If the person who hit you did not have insurance, you must negotiate compensation with the driver. In many cases, you will need the extra leverage of a lawsuit to get the at-fault driver to pay your damages.

Your Damage Exceeds the Policy Limits

If the value of your property exceeds the at-fault driver’s PDL limits, you may need to file a lawsuit to make up the difference. This can happen if you have:

  • Expensive property
  • Vintage property
  • Custom property

Bear in mind that this situation could happen even if you do not drive a Lamborghini. A van customized to include a wheelchair lift could easily exceed California’s PDL minimum of $5,000.

Claiming Compensation Without an Injury

Most injury lawyers will help clients file a PDL claim along with a BIL claim. If the case does not settle, the injury lawyer will include the property damage in the injury lawsuit.

But fewer lawyers are willing to act as your auto accident lawyer without an injury. The damages in these cases rarely justify the lawyer’s fee. Instead, you will often receive a better outcome by negotiating with the at-fault driver’s insurer.