Disability vs. Workers’ Compensation: What’s the Difference?

Workers’ compensation or disability, what covers you? Job-related illnesses or injuries can render a person unable to work. In such a case, an employee must deal with mounting medical bills and many other expenses that could leave them in a financial scramble. You can get financial support from your employer to help cover expenses in the form of workers’ compensation or other benefits.

The problem, however, lies in determining which benefit applies to your case. Thankfully, our injury attorneys in Orlando can help you figure this out. So if you’re wondering if workers’ compensation is the same as disability benefits, we explain the two in this article, highlighting their differences. Contact Florida Lawyers 360 for more information.

Understanding Workers’ Compensation in Orlando

Workers’ compensation is designed to prevent injured parties at a workplace from suing their employer. According to Florida Workers’ Compensation Statutes, this policy ensures that your employer supports you as you pay for your medical expenses.

It will also provide you with substitute income for the time away from work while recovering from the injury or illness. Note that not all employees can receive workers’ compensation in a company. The law excludes independent contractors from the benefits available under workers’ compensation.

Understanding Disability Insurance in Orlando, Florida

You don’t get benefits from your employer, except you hire injury attorneys in Orlando to pursue a suit. These benefits also cover the income you lost and the ongoing treatment for your injuries while you’re recovering.

There are two varying types of disability benefits you can receive. They include permanent or temporary disability coverage and the one you receive on whether your wound results in permanent or temporary disability.

Injury Attorneys in Orlando Explain the Differences Between Workers’ Compensation and Disability Insurance

These two sources of compensation are similar in many ways, as workplace accidents sometimes result in disabilities. This, however, depends on the severity of the accident that took place. So, although it’s pretty rare to receive both simultaneously, your injury could entitle you to both benefits.

First, however, it should be clear that disability insurance can apply to more than work-related injuries, while workers’ comp is limited only to work-related injuries and illnesses. For employers who purchase a group policy, it’s impossible to get work comp and disability coverage for work injuries or illnesses. However, an injured employee can often receive both benefits due to union and individual policies.

Workers’ Compensation Insurance and Benefits

There are many benefits a workers’ compensation insurance policy provides employees in the case of a workplace accident or illness. Below are some advantages workers’ comp offers.

  • Medical expenses compensation It includes current and future expenses and medical equipment.
  • Lost wages apply if you’re out of work for seven days or more due to your workplace accident or injury.
  • Rehabilitation benefits like physical therapy. You also get vocational rehabilitation if your injury keeps you from continuing with the job before the work accident.
  • There are benefits for employees who die due to workplace illness or injuries. This benefit covers their funeral and burial expenses paid to their family.

With workers’ compensation cases, you don’t need to prove fault. However, once you can show the injury resulted from your workplace duties, you would have access to the benefits until returning to work. In addition, you can sometimes receive temporary benefits through workers’ compensation. This is paid weekly and is two-thirds of the average weekly income you earned before the injury or illness.

However, you can always seek assistance from injury attorneys in Orlando if your claim is denied. Note that the law caps the amount you can receive weekly at $675 and limits it to 400 weeks. Therefore, workers’ compensation is available temporarily until you return to work or attain maximum medical improvement, where a doctor determines your disability rating.

If the doctor finds you permanently disabled, you will start receiving permanent total benefits until you are 75 years. The disability benefits you receive through the workers’ compensation insurance are based on work-related injuries, and you can get up to two 2/3 of your previous earnings.

Disability

Workers’ Compensation Insurance and Social Security Disability Benefits

The Social Security Administration pays the disability benefits and not your employer. There are two varying disability programs: supplemental security income and social security disability insurance.

To qualify for the social security disability insurance, you need to have a disability that effectively prevents you from carrying out substantial work. The disability is also expected to last for at least a year. In addition, you need to earn enough social security credits to qualify for this benefit.

The same criteria apply to supplemental security income. However, this disability benefit is for low-income people who don’t qualify for social security disability insurance. If you also don’t have the work experience required to enjoy social security disability insurance, this is an alternative. Once you qualify for this form of disability benefits, you can also receive Medicaid and food stamps.

Although workers’ compensation depends on your income at your current job, social security disability insurance is dependent on your average lifetime earnings. Recipients usually receive $800 to $1,800 monthly.

Another type of disability benefit is private disability insurance. This is available through insurance policies that a worker personally purchases or through a benefits package. The insurance contract determines the amount to be paid and what it covers.

Limitations of Disability and Workers’ Compensation Benefits

Both benefits do not provide people with the full salary they received before the injury. Also, o there’s a time limit for filing either claim. For example, a Florida workers’ compensation claim (a Petition for Benefits) must be filed:

  • Within two years from the date of injury, or
  • Within one year of the last payment of compensation, or
  • Within one year of the last provision of authorized medical treatment or care.

Filing a work claim out of time makes it statute-barred forever.

Work With Our Injury Attorneys in Orlando to Receive the Benefits You Deserve

Most employers are reluctant to file workers’ compensation for their employees because of the cost. Luckily lawyers anticipate this reluctance and can help you get the benefits you deserve. If you’re also confused about the proper claim to pursue, we’re available to explain the differences and help you determine which is ideal for you.

In cases where you’re entitled to both benefits, our personal injury attorneys in Orlando are available to discuss how you can pursue workers’ compensation and disability benefits. We’ll help you navigate the issues you might face and get you what you deserve. Contact us today for a free case review.

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