How To File A Disability Claim

Workers’ compensation benefits provide relief to injured employees in the form of medical expense compensation and weekly payments in lieu of the employee’s regular wages. While the workers’ compensation system is invaluable to Georgia workers, it has its limits. The scope of workers’ compensation depends on state law, and some federal statutes concerning employee protection may come into play as well. Hiring an Atlanta disability benefits lawyer can dramatically increase your chances of successfully gaining your benefits. At Cruz & Associates, our team of Atlanta worker’s comp lawyers have over 25 years of experience handling disability and other workers’ compensation cases in Georgia.

Disability payments provide economic relief to employees who suffer catastrophic, permanently disabling injuries. An injured employee who develops a permanent disability may be unable to resume his or her previous job, or may be completely unable to work in any capacity again. In these situations, disability benefits may cover what workers’ compensation can’t, and the two benefits programs can sometimes run in tandem. These injuries can be severe, such as a brain injury, leaving an employee permanently handicapped. If you or a loved one have experienced a life-altering brain injury, the Atlanta brain injury attorneys at Cruz & Associates can help you get the disability benefits you deserve.

Qualifying for Georgia Workers’ Compensation

Every employee in Georgia has workers’ compensation insurance coverage through employers, beginning on the first day of any job. If the employee suffers an injury during the course of work, the employer’s insurance carrier will pay workers’ compensation benefits based on the severity of the injury. Typically, benefit payments continue until the employee is medically fit to return to work. If the employee cannot return to his or her previous position, partial benefit payments may continue for up to 350 weeks, if the employee must take a lower-paying position.

Some employees will qualify for lifetime workers’ compensation benefits, but most workers’ compensation claims will pay benefits for up to a maximum of 400 weeks. Employees who suffer catastrophic injuries are more likely to qualify for lifetime benefits, and the eligibility requirements vary from state to state. Some employees may qualify for both workers’ compensation benefits and Social Security Disability Insurance (SSDI) benefits at the same time. To learn more about your unique situation, our Atlanta disability benefits lawyers offer free consultations; contact us today.

Concerns with Social Security Disability Insurance Benefits

The qualifications for SSDI benefits and workers’ compensation vary, but qualifying for and receiving one does not prevent an injured employee from qualifying for and receiving the other. An injured employee may receive both workers’ compensation benefits from his or her state and SSDI benefits from the United States government as long as the total amount does not exceed 80% of the employee’s previous income. In many cases, workers’ compensation benefits will act as a buffer while an injured employee waits for SSDI payments to begin.

If an injured employee receives both workers’ compensation payments and SSDI benefit payments, he or she should notify the Social Security Agency once workers’ compensation benefits stop, to increase the amount received in SSDI benefit payments. Injured employees should understand that the qualifications for disability payments from the Social Security Agency are very different than state requirements for workers’ compensation.

Many injured Atlanta workers rely on workers’ compensation, SSDI, or a combination of the two after work-related injuries. Numerous legal issues can arise and interfere with these benefit programs, and the Atlanta disability benefits attorneys at Cruz & Associates are here to help. Reach out to our team online for more information about workers’ compensation laws in Georgia or to schedule a free consultation about your situation. With over 25 years of experience handling disability benefits cases, our Atlanta work injury attorneys are confident in their ability to deliver comprehensive legal representation and stellar client service.