Author: Teresa Stewart
Published: Dec 23 2013
Most people in America understand the necessity of going to work and striving to earn a decent living. Unfortunately, our bodies weren't made to last forever, and in many cases, injuries and disabilities can preclude us from earning the money that we need.
Luckily, there are several safety nets, such as worker's compensation and social security disability benefits (OASDI), that are meant to help individuals who cannot work due to an injury or impairment. Many people wonder, though, whether they can receive both OASDI and worker's comp at the same time.
Worker's compensation and OASDI are completely separate from each other, and this means that a person can file and receive both of these benefits at the same time. When it comes to Social Security benefits, however, it's usually necessary for an injury to cause long-term damage. In South Carolina, you must have an injury or impairment that is serious enough to prevent you from working for a year. To improve your chances of being approved it would be wise to contact a Columbia social security lawyer before making the application.
Additionally, OASDI benefits are often only provided to those who have worked and paid a certain amount into the system. While there are a few exceptions to these rules, they are steadfast in most cases. It's important, though, for anyone who suffers a serious injury to look into related laws to find out what they're entitled to.
If a person hopes to receive worker's compensation payments at all, there are a few things that must have happened. First, and most importantly, they must have been injured while working for their employer. The injury doesn't have to be the fault of the employer. Worker's compensation insurance is paid for by a business with the express purpose of avoiding litigation, so regardless of whether a person caused their own injury or not, they can likely recover benefits.
It's important to note, though, that there are some nuances in the law. In many cases, for instance, a company may require a drug test before providing worker's compensation benefits. If a worker fails this test, their claim may be denied. Additionally, laws can vary by state. In South Carolina, for instance, an employer only has to carry worker's comp insurance if they employ at least four employees.
An individual will need to alert their employer immediately following an on-the-job accident if they hope to collect worker's compensation benefits. The manager will need to make a record of the incident and begin the paperwork to get the ball rolling on a claim. In many instances, it's also beneficial for a person to hire an attorney in this situation. This is because employers will sometimes make filing a claim difficult in order to avoid an increase in their insurance premiums. In addition, some worker's comp providers will also try to avoid paying fair compensation.
To apply for OASDI you can apply in person at your local social security office, by phone, or online. It's absolutely true that an attorney may not be necessary for worker's comp claims, but when a person is trying to receive OASDI benefits, it's often folly for them to not at least speak with a lawyer. Many people make mistakes when filing their own claim, and this can lead to an immediate denial of benefits. Fortunately, there is an appeals process; and at this point, an attorney can often find out what happened and remedy the situation.
Going through an appeal process when you need urgently need money can lead to anxiety and frustration. To make your application a more positive experience, one Columbia social security disability lawyer makes the point, "We know the ins and outs of the disability claims process, which means we can navigate quicker than individuals who have not dealt with the system.
Being injured and unable to work is no picnic for those who experience it. Serious injuries can preclude a person from earning money all while garnering them medical bills that they're no longer able to work to pay off. Fortunately, OASDI and worker's comp can both go a long way in helping a person keep their head above water; and in many cases, a person can receive help from both of these sources.
In light of today's high costs of living, Teresa Stewart writes information about benefits for those who are temporarily or permanently disabled.
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