What Are The Differences Between Workers’ Compensation and Social Security Disability

 

Social Security Disability is an insurance program run by the federal government. This program is mandatory and funded through your income taxes. Eligibility for this program depends upon a total inability to work. The main focus is placed upon your medical conditions and resulting symptoms and how they affect your ability to perform your past work and also any other types of jobs in the national economy.

 

One major difference between workers’ compensation and social security disability is the type of benefits you may receive. Workers’ compensation insurance will cover lost wages and medical treatment due to the specific workplace injury. If you are found eligible for social security disability benefits you will be eligible for a monthly check along with possible healthcare via Medicare or Medicaid. Social Security’s focus in determining eligibility is based on your total functional capacity while workers’ compensation’s focus is on the actual injury and nothing else.

The second difference is the type of medical care you can receive. In workers’ compensation, the insurance will cover medical treatment related to the specific workplace injury and may only be administered by health providers who are approved by the insurance company. In terms of Social Security, you may treat with a health provider of your choosing. Social security does not cover your medical costs while applying for the program. You may be eligible for Medicare or Medicaid if you are found disabled. However, that would only occur after a medical evaluation is performed.

A third major difference between the two programs is the type of injuries considered. Workers’ compensation will only consider injuries that you sustained on the job. If you are treating with a workers compensation doctor, that doctor will only treat conditions that are related to your injury at work. In terms of Social Security, this program considers any and all injuries, accidents, or degenerative conditions, no matter the cause. Social Security considers each and every medical condition that imposes restrictions on your ability to work.

While both programs provide benefits for employees who may have been injured on the job, they both have very different eligibility requirements along with benefits that are provided. If you have suffered a workplace injury it is best to seek advice from an attorney who is well versed in both programs. For a free consultation, call us at the LaBovick Law Group. We will be happy to evaluate your situation and find the most lucrative resolution for you and your family!

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.