Getting hurt on the job is a scary experience. It changes your life in an instant and makes you worry about how you will pay your bills. When you can’t work, you need money to replace your paychecks. In California, there are a few ways to get this help. Two of the main programs are workers’ compensation and State Disability Insurance, commonly referred to as SDI. You might also hear about Social Security Disability, or SSD. Many people wonder if they can get money from more than one of these at once. Understanding how these programs work together is the best way to make sure you get the most help possible.
How Workers’ Comp and Disability Work
The rules for workers’ comp and disability are very different. Workers’ comp is a state program that starts helping you from your first day on the job. It covers you if you get sick or hurt because of your work. On the other hand, disability insurance often covers things that happen outside of work. If you have a long-term injury that will last a year or more, you might look into Social Security Disability. This is a federal program run by the Social Security Administration.
Workers’ comp pays for your medical care and about two-thirds of your regular pay. It is meant to help you while you recover so you can go back to your job. Disability insurance is more about helping you with daily living costs when an illness or injury stops you from working. Because these programs have different goals, they also have different application steps. You can apply for both at the same time, but you usually won’t get the full amount from both for the same injury.
Getting Workers’ Comp and State Disability in California
In California, the rules for State Disability Insurance are very specific. Most of the time, you cannot receive full workers’ comp and SDI at the same time for the same injury. The state does not want people to “stack” benefits and get paid twice for the same lost hours. However, there are times when you might get both. For example, if your workers’ comp pays you $500 a week but your state disability would pay you $800, you might be able to get the $300 difference from the state.
Another common situation is when a workers’ comp claim is delayed or denied. Insurance companies sometimes take 90 days to decide if they will accept your case. During those months, you still have to eat and pay rent. You can apply for SDI while you wait for the insurance company to make a choice. If the insurance company eventually says yes and pays you for those same weeks, the state will want their money back. This is often handled through a legal lien on your settlement.
Social Security Disability
Social Security Disability is a bit different because it is for very serious, long-term conditions. To get approved, your impairment usually needs to be severe enough to change your life for at least a year. While workers’ comp is based on what you earned in the last few months, SSD looks at your whole lifetime of work. On average, the Social Security Administration pays about $1,234 per month to disabled workers.
You can collect workers’ comp and SSD at the same time, but there is a limit. The total amount you get from both cannot be more than 80 percent of what you used to earn. If the total is too high, the federal government will lower your SSD payment. This is why it is so important to report all the money you get from workers’ comp to the Social Security office.
The Differences in Benefits
Knowing which program to turn to depends on your situation. Workers’ comp is great for covering every medical bill with no co-pays. It also covers things like vocational rehabilitation if you need to learn a new job. In California, the Workers’ Compensation Appeals Board, or WCAB, helps settle fights if your boss or the insurance company says no to your claim.
State disability is a shorter-term fix, usually lasting up to 52 weeks. It covers things that workers’ comp won’t, like elective surgeries or illnesses that didn’t happen at your office. If you are going through a hard time with a workplace injury, talking to a Los Angeles workers’ compensation lawyer can help you see which path is best for you.
Take Action for Your Recovery
Dealing with injuries and insurance forms is a lot to handle alone. You should not have to guess which benefits you qualify for while you are trying to heal. If you are experiencing a delay in your payments or if your claim was denied, professional help can make a huge difference. A lawyer can look at your settlement offer and find out if you are missing out on money.
If you need help with your claim, reach out to a Los Angeles workers’ compensation lawyer. You can call Hinden & Breslavsky at (323) 954-1800 to talk about your case. We work on a contingency basis, so you don’t pay anything unless we win your case. Let us help you fight for the money you need to get your life back.