Can I Collect Both Workers’ Compensation Benefits and Social Security Disability Benefits in Alabama?

Can you get workers’ compensation and Social Security Disability benefits at the same time? Yes, it’s possible to collect both types of benefits at once if you have a qualifying disability. Your Social Security Disability benefits may be partly offset by your workers’ compensation benefit if the combined amount of both benefits exceeds 80 percent of your average income. Because of the complexity of the eligibility rules for these programs, you should consult with a knowledgeable workers’ compensation attorney to help you structure any workers’ comp settlement to minimize the effect on SSDI benefits.

Here are common questions about workers’ compensation and Social Security Disability benefits.

How Are Social Security and Workers’ Compensation Different?

Workers’ compensation pays benefits to employees who are injured on the job or develop a work-related illness. Workers’ compensation covers medical costs to treat the injury and provides payment to partly replace the injured worker’s lost wages. Most employers in Alabama with five or more employees are required to carry workers’ compensation insurance to protect full and part-time employees injured on the job. Independent contractors and some other specific groups of workers are not usually covered by workers’ compensation insurance.

Social Security Disability Insurance (SSDI) is a federal program that pays benefits to people who are totally disabled and have paid taxes in the Social Security system long enough to qualify for disability benefits. You apply for SSDI through the Social Security Administration.

What Are the Eligibility Requirements for Social Security Benefits?

Your employment history must include having worked enough years in jobs covered by the Social Security system. You also must have a medically-diagnosed disability that prevents you from maintaining gainful employment. The administration maintains a long list of qualifying conditions. If you have one, you could qualify.

What Are the Eligibility Requirements for Workers’ Compensation Benefits?

You qualify for workers’ compensation benefits if:

• Your employer’s business has workers’ compensation coverage: Most Alabama businesses with five or more employees must have workers’ compensation coverage. However, certain groups of workers are not covered by workers’ compensation, including domestic servants, farm workers, casual employees, and federal and state government employees.
• Your injury arose from a workplace accident: The injury must be accidental. Willful misconduct, intentional acts, self-harm, alcohol impairment, or failure to follow safety rules will disqualify you from obtaining workers’ compensation benefits.
• The injury occurred “on the clock:” You were performing your job duties when the injury occurred. For example, you are eligible for workers’ comp benefits if you are injured in a traffic accident while driving the company truck to make a delivery. But if you drive the truck home after clocking out and are injured in a crash, you will not qualify for workers’ compensation benefits.
• You notified your employer: You must give your employer proper notice of the accident and injury in a timely fashion. The Alabama Department of Labor indicates that you should give the employer notice of your injury within five days.

What Is the Work Credit System?

The Social Security Administration uses the work credit system to determine whether you have worked long enough to qualify for disability benefits.

Your work credit requirement depends on your age and when your disability started. Usually, you need 40 credits, with 20 of those credits earned in the last ten years, to qualify for SSDI benefits. There are exceptions for younger workers.

Are There Filing Deadlines I Should Keep in Mind?

You must notify your employer of your injury within five days of a work-related accident. If you are unable to do so and there was a good reason for the delay, such as your physical or mental incapacity, you must provide notice no later than 90 days after the accident. If your employer witnessed the accident or had actual notice in another way, that is equal to actual notice.

For SSDI, you should file as soon as you are diagnosed with a disability that is expected to last at least 12 months and prevents you from working. If the Social Security Administration denies your initial disability claim, you have 60 days to request an appeal of that decision.

What Are Common Reasons Claims Are Denied?

A workers’ compensation carrier may deny your claim because:

• The injury was outside the scope of your job: A carrier may claim your injury occurred because you were under the influence of drugs or alcohol.

• You weren’t on the clock: Your employer may claim the accident happened outside working hours.

• You are an independent contractor: Sometimes, an employer may misclassify employees as independent contractors and claim they are not covered by workers’ compensation. But if the employer controls your work schedule and provides tools, you may still have a valid claim.

The Social Security Administration often dismisses SSDI claims for these reasons:

• Lack of medical evidence: You must have strong medical evidence to document your disability showing why you can’t work.

• Failure to treat your condition: SSDI requires regular medical treatment, and your records must reflect that you’re getting it. You may face denial if your records show noncompliance or medical care gaps.

• Lack of cooperation: You must follow through when the administration requests more information about your claim or request that you submit to a medical evaluation by a doctor selected by the Social Security Administration. The Social Security Administration may deny your claim if you refuse to comply.

• Excessive income: SSDI is for people who are unable to maintain gainful employment. If you continue working and your income exceeds $1,050 per month, you won’t qualify.

• Multiple claims: If the Social Security Administration denies your disability claim, contact a lawyer about appealing it.

How Can an Attorney Help?

Workplace injuries can cause significant hardship for households. You may be out of work and experience a loss of income. Trying to navigate the workers’ compensation and SSDI claims processes on your own can be extremely frustrating.

If you reside in Alabama, attorney Aaron Gartlan in Dothan can help you understand the benefits available to you based on your disability. Most people only have one SSDI or workers’ compensation claim in their life. At Gartlan Injury Law, we handle these claims every day. Our law firm can assist you with your claim so you can focus on your health and family.

Contact an Alabama Workers’ Compensation Lawyer

You may be entitled to medical and income benefits if you sustain a workplace injury. While you should receive workers’ compensation payments after a workplace accident, some valid claims are denied. Some employers and their insurance administrators try to dispute claims to minimize payouts. A dedicated Alabama workers’ compensation attorney at Gartlan Injury Law can help you move forward, knowing you have a strong advocate on your side. Contact our office today for your free consultation.

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