Disability & Workers Comp: Can I Get Both in Miami?

Are you injured while being on the job? After you have informed of the injury to your employer, you can seek worker’s compensation in Miami. If you are diagnosed with a serious disability, you can collect disability or the SSDI benefits with the help of a worker’s compensation attorney in Miami, Florida. Can you collect both at the same time? Read ahead to know.

What Is Worker’s Compensation in Miami?

The worker’s compensation in Miami is covered under the Florida Division of Worker’s Compensation. As per this, employees and workers in Miami are protected financially after being injured on the job.

If a worker is injured on the job, the employer is responsible for granting the worker’s compensation. Worker’s compensation in Miami covers medical expenses, permanent and temporary disability, and death benefits. The upper cap on benefits is fixed by law.

In the case of private employers, most businesses with four or more employees are required to have WC insurance.  Coverage requirements are different for agriculture employers and construction businesses.

In Miami, Florida, the medical benefits for employees cover doctor’s visits, hospitalization, physical therapy, medical tests, prescription drugs, prostheses, attendant care, and even mileage reimbursement expenses.

What Are Disability Benefits in Miami?

Disability or Social Security Disability Insurance (SSDI) provides benefits to people with a qualifying disability regardless of whether it is work-related. The Social Security Disability Insurance (SSDI) is a federal program under the Social Security Administration.

Florida’s Division of Disability Determinations is responsible for deciding if Florida citizens have a disability that qualifies them for SSDI benefits.

What Are the Eligibility Criteria for SSDI in Miami, Florida?

All applicants applying to the SSDI must meet the federal eligibility requirements, which include:

  • The applicant must have enough work credits by working in jobs covered by Social Security.
  • The applicant should also fulfill the SSA’s strict definition of disability. The disability should be properly documented.
  • SSDI covers only those disabilities that prevent the employee from working for at least a year or are expected to result in death.

It takes about 4 to 6 months to get the application approval with an approval chance of 37% only.

To apply for SSDI in Florida, you need to fill out the application and submit it at one of the 54 local SSA field offices. Your application will be forwarded to the Division of Disability Determinations. They will review your application and see if it meets the desired eligibility criteria for receiving the benefit.

Firstly, your medical eligibility will be determined. If the claims examiner reviews it and the claim is accepted, it is returned to the SSA for further action. Thereafter, the SSA will determine the non-medical eligibility as well.

If your SSDI application is denied approval in Florida, you can also re-appeal. You can take the help of a qualified attorney that will help guide you through the process. They can probably work upon why the application is rejected and re-appeal accordingly. They can help you a lot of time and effort in the process.

Workers' Compensation in Miami

Can I Collect Both at the Same Time in Miami?

Yes, the short answer is you can collect both worker’s compensation and SSDI in Miami simultaneously.

However, you can only apply for SSDI if your disability will keep you out of a job for at least a year. Your worker’s compensation may be unable to cover the expenses for such a long time. In such cases, disability benefits can greatly help.

Moreover, receiving both worker’s compensation and SSDI simultaneously will limit your compensation. If you are receiving worker’s compensation as well, SSA will set a limit to your monthly SSDI payments. The rule says the disabled person cannot receive a total compensation exceeding 80% of average current earnings before disability occurs.

Your average current earnings are calculated by the SSA. The worker’s compensation is not affected by the SSDI, but the opposite is true.

It should also be noted that any change in worker’s compensation will affect your SSDI too. You need to inform the SSA if there is any change in the worker’s compensation. If the SSD is overpaid, the SSA will suspend your SSDI benefits for a while to balance out the overpaid benefits.

One of the best practices to follow when receiving both worker’s compensation and disability is to give a copy of your worker’s compensation to the SSA.

Contact Our Miami Workers’ Comp Attorneys Today!

Various other calculations occur when receiving both at the same. Sometimes you receive a worker’s compensation in a lump sum. This may reduce your social security disability benefits. However, the lump sum can be prorated by writing the worker’s compensation Section 32 agreements. Thus, various other situations may arise.

If a prorate isn’t written correctly, the SSA will reject the agreement. In this case, it is better to get it written by an attorney or at least get it checked by them.

Taking the help of a good worker’s compensation attorney or disability insurance attorney can put you in a better position. Dealing with SSA isn’t everyone’s cup of tea, and you may lose your right to benefits if the application is not filed properly.

Our Miami workers’ compensation attorneys can guide you through the workers’ comp process and refer you to a disability lawyer if you qualify for SSDI benefits.

A disability attorney:

  • Helps obtain and organize medical documentation and present the suitable information
  • Re-appeals if the application with SSA is rejected
  • Works towards eliminating any other complications while receiving benefits

Having a Miami personal injury attorney by your side keeps things on track. You can rely on their information and steer yourself in the right direction.

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