How to File for Disability in Massachusetts: 2021 Guide

When you are injured on the job, you are faced with financial hardship, loss of enjoyment of life, and many decisions that will dictate the stability of your future. While all of this can be frightening, emotional, and difficult to cope with, there are always options. If you were injured at work, there are several avenues to continue receiving partial wages and government financial support through workers’ compensation benefits and Social Security Disability Insurance (SSDI) through the Social Security Administration. Read on to learn more from our Boston personal injury lawyers.

Workers’ Compensation Versus SSDI: What’s the Difference?

Workers’ compensation is a type of insurance that most employers in the state of Massachusetts are required to carry by law to protect their workers in the event of an injury. In order to claim workers’ compensation benefits, an injured employee must timely notify their employer of the injury, and may be required to visit a “preferred provider” per the terms of the insurance company. This insurance program will provide benefits for those who are disabled for five or more days and unable to work during that time period.

SSDI, on the other hand, is a more permanent benefits allocation system for those who have become disabled for a year or more and are unable to work. This type of program may also provide benefits for eligible family members or dependents, particularly if the injured or ill worker was the primary breadwinner in the home. According to a resource site, SSDI is not a need-based program and is based upon your contribution to your own social security over the years.

Many people question whether they are entitled to receive workers’ compensation benefits in addition to their SSDI benefits. The short answer is yes. The longer answer requires an understanding that you are not entitled to more than 80% of your earnings before you became disabled. That is, between workers’ compensation insurance payouts and SSDI benefits, you cannot be receiving an amount greater than 80% of the average amount you were making before you became injured or ill. It is the SSDI benefits that will decrease, should the amount recovered between the two benefits exceed 80%.

Boston Social Security Disability and Workers’ Compensation Attorneys

If you or anyone you know has been injured at work, you may be entitled to compensation. The Boston social security disability lawyers and workers’ compensation attorneys at John J. Sheehan understand the frustration that accompanies work injuries, with periods of financial stability and an inability to support your family. Our knowledgeable staff will work tirelessly on your behalf to ensure that you are receiving the maximum benefits that you are entitled to by law. Whether it be through workers’ compensation insurance, SSDI, or both, rest assured that our Boston-based attorneys will explore every avenue to secure full recovery.

Even if you have already applied and been denied SSDI or workers’ compensation benefits, it may not be too late. There are appeals processes that, if timely filed, may permit you to full recovery. Regardless of your present situation, contact our Malden workers compensation lawyers today and let us work with you toward recovery.

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