You are injured on the job and wonder if you qualify for workers’ compensation and Social Security disability. You would like to get both benefits, but can you get both benefits at the same time and is the disability test the same?
First, Virginia Workers’ Compensation is a program to pay the injured worker who is injured on the job. Generally, Workers’ Compensation Insurance pays two-thirds (2/3) of one’s salary. It is not subject to tax. It also pays for medical bills caused by the accident. Any employer in Virginia that has two or more employees is required to carry workers’ compensation insurance. If the worker due to the injury is unable to perform the duties of her occupation, then the insurance company will pay “compensation” to the worker based on two-thirds (2/3) of her wages. In general, the worker does not have to be “totally disabled,” but because of her injury, the worker must simply be “unable” to perform the functions of her job. Compensation for injuries in Virginia is governed by the Virginia Workers’ Compensation Commission. If there is a dispute between the injured worker and the insurance company regarding his or her disability status, that dispute is resolved by a deputy commissioner of the Commission in an administrative hearing.
Second, Social Security Disability (SSD) is a federal program and is not run by states like Virginia. Your benefits are a monthly stipend based on the worker’s earnings records and Medicare after receiving the stipend for two years. Generally, unlike a workers’ compensation claim, in an SSD claim the worker must show that he is “totally disabled” from work. The definition of disability used by Social Security is a disability that has lasted more than twelve (12) months and prevents you from earning more than $1,000.00 per month. If SSD is initially denied, your case will ultimately be decided by a federal administrative law judge at a hearing.
Third, the contrast is that Virginia Workers’ Compensation only requires you to show that you can no longer do the job you were doing at the time of the injury. Generally, SSD requires much more. Especially if you’re under 50, it will require you to ditch and “whatever” jobs exist in the national economy. After age 50, the Social Security test becomes a little easier. At 55, it depends on one’s education and skills, it can become much easier. At age 60, Social Security Disability has made proof of disability very easy. In contrast, Virginia workers’ compensation “does not” consider age at all in determining ability to work.
Fourth, if your injury is serious, you may be able to show not only that you can’t do your old job (which qualifies for Virginia Workers’ Compensation) but that you can’t do any work (which qualifies for SSD).
In summary, the disability test for Workers’ Compensation in Virginia is very different from the disability test for Social Security Disability. Due to the complexity of this issue, it is recommended that an injured worker consult an attorney who handles both Virginia workers’ compensation and SSD.