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The Difference between Workers Compensation and SS Disability

Thanks to established labor policy, compensation systems have been set up for when an employee or a worker suffers a bad injury at work such as a fall or a blast. In the state of Colorado, there are two types of compensation which an injured worker may avail: the Social Security Disability from the Social Security Administration or the Permanent Total Disability under the Colorado Workers’ Compensation Law. Don’t know which one you can avail? Below is a simplified guide which compares and contrasts the difference between the two compensation options.

Qualifications

The qualifications for availing either the Social Security Disability or Permanent Total Disability vary.

Anyone who has been a member in good standing (meaning, all fees have been religiously paid) in the social security system for at least five years preceding an injury may avail of Social Security Disability. This option is more comprehensive in scope and considers all major prescriptions like hypertension, diabetes, etc., as well as injuries, whether work-related or not, in assessing your case.

On the other hand, the Permanent Total Disability option may only be availed of when returning to work is made absolutely impossible by the work-related injury. It is more restrictive in the sense that pre-existing conditions like hypertension etc. are not covered and should not be the main injury that prevents resumption to work.

Age as a factor of eligibility is also one of the stark differences between the two compensation systems. Social Security Disability uses a grid system, starting at age 45 and ending at age 65 in increments of five years. In simple terms, the older applicants are more likely to qualify under the SS Disability system. This is not the same with Workers’ Compensation. Permanent Total Disability will only look at one thing: whether an injured worker is fit to work. Any work, at that. This includes casual jobs with minimum wage salary.

Application and processing

Another difference lies in the presentation and processing of claims. Social Security Disability cases are filed with the Social Security Administration. This is a national office and the merits of claims are processed by a federal SSA judge in comparison with other national cases.

Meanwhile, Permanent Total Disability under the Colorado Workers’ Compensation Law is a state-administered institution and it would be best to consult a Colorado lawyer when filing a claim in order to prepare its merits. As discussed above, the most primary criterion for qualifying under Permanent Total Disability is capacity to work in general. The claim will be heard by a judge who will consider the findings of doctors and vocational specialists. This is where a Denver disability lawyer and Greeley disability lawyer comes in hand (in Colorado ). When the claim is heard and the judge decides that you don’t qualify, a competent lawyer can still argue on your behalf for some compensation to cover your medical bills and loss of earnings, or make you qualify for some other compensation more fitting like a Permanent Partial Disability.

 

As it stands now, the process can be overwhelming with all its complexities. Depending on the preparation of the claim, an injured worker may qualify for both Social Security Disability and Workers’ Compensation, either of the two, or none at all. It is most recommended to consult a competent and experienced legal counsel.

There are many types of Workers’ compensation. It is very complex to understand as workers level and also  frustrating and confusing when you don’t know what to do or how to handle the situation. Meet our experience and skilled  Denver workers’ compensation attorney and Greeley Workers Compensation Lawyer from Kaplan Morrell will definitely help you take a step forward. If you have questions or need to get a free consultation, you can call us directly at (866) 356-9898.

Five Things That Could Negatively Affect Your Worker’s Compensation Claim

If you’re beginning the process of filing your worker’s compensation claim, you need to know your rights. Before you start calling for representation, make sure you read below to ensure you avoid the common pitfalls of getting your claim denied. Whether you live in Chicago or Denver, many worker’s compensation guidelines are the same. Know your rights.

  1. Failing to seek representation

One of the most common mistakes that people make is failing to secure representation. While you are the most knowledgeable about your personal experience, you probably do not know the litigation involved with winning your case. So, seek professional help. Your lawyer should have experience with your type of case, the more the better, and should be adamant about getting all of your documentation in order promptly. If you live in Denver, consider a practice that specializes in worker’s comp cases, such as Greeley.

 

  1. Taking too long to seek a medical professional

If you’ve been seriously injured, at work or elsewhere, there is no excuse for not seeking medical attention – your health is on the line. If you’re filing for either Denver worker’s compensation  or Greeley  Workers compensation without a doctor’s statement that validates your claim, you’d might as well give up now. When it’s you versus your employer in a court of law, the more evidence you can have on your side, the better. This said, don’t take an unreasonable amount of time to seek medical attention either. If you first notice sciatica in your right leg in April, but you wait until August for treatment, you have no case. Get help early.

 

  1. Failing to obtain medical records

Along with number two, once you seek medical attention, obtain your records. If you have gotten X-rays taken, have undergone treatment or even have had a health exam that may provide supporting evidence for your claim, save records of those documents. It’s only going to help your case.

  1. Taking too long to file your claim

For worker’s compensation claims, the statute of limitations is typically two to three years, depending on the injury. If, for example, you wait 23 months after a work-related injury before seeking medical attention and filing your claim, you might as well not file. Your argument is already unconvincing. If you believe you may have suffered work-related injuries, act quickly. The sooner you act the more likely your health will bounce back and the more likely you’ll be compensated for your suffering.

 

  1. Not knowing your rights

With any type of suit, you need to know your rights. For example, If you are filing a worker’s compensation claim, you may be entitled to monetary benefits for your time and suffering, above your medical costs. If you did not know your rights ahead of time, you could have missed out on income (potentially income that you missed due to medical treatment). Always, always, always know your rights.

Suffering from physical injury, as caused by work-related accidents or other things, is a scary experience, and you don’t have to go through it alone. Choose an educated representative to help you file your claim, who has experience and cares about you. That’s what it’s all about.

Meet our Denver Disability Lawyer or Greeley Disability Lawyer who will campaign for you deserve. If you have anything  questions or need to get a free consultation, you can call us directly at (866) 356-9898.