What’s The Difference Between Worker’s Compensation and Disability Benefits?
Essentially, worker’s compensation is an employee benefit covering injuries or illnesses arising from work. Meanwhile, disability insurance is a program that offers wage replacement benefits to employees who can’t report to work due to non-work-related injuries or diseases.
While worker’s compensation is limited to occupational injuries or illnesses, disability insurance can provide financial support for disabilities caused by any source, giving individuals more freedom in protecting their income.
If you want to pursue an ‘injury at work’ claim, it is best to know the difference between the two and determine the circumstances where both can be applicable.
What is Workers Compensation Insurance?
Most, if not all, employers must secure workers compensation benefits for their employees. You may claim the said benefit if you incur injuries or illnesses at your workplace, such as a burn or bone fracture. In most cases, a workers compensation policy can cover medical assistance, temporary or permanent disability benefits, supplemental job displacement benefits, and death benefits.
If you experience any physical damage or disease during your working hours, you may pursue an ‘injury at work’ claim and receive monetary assistance through worker’s compensation by:
- gathering evidence to support your ‘injury at work’ claim
- informing your employer about the injury;
- submitting any documents or paperwork regarding your ‘injury at work’ claim, and
- proving that the damage was caused by the accident at work.
However, recovering your worker’s compensation may be challenging, especially if you have limited evidence to support your claim. You may seek help from legal experts who can help you negotiate with your employer’s insurance provider.
What Is Disability Insurance?
Disability insurance typically pays for non-work-related injuries that hinder you from functioning fully. This type of insurance is a short-term wage replacement when the following circumstances prevent you from reporting to work:
- physical or mental illness that hinders you from performing well,
- elective surgery,
- pregnancy,
- childbirth, and
- other medical conditions
To file for a DI claim, you must:
- Submit your DI claim application through SDI Online or by mail.
- Wait for a seven-day, unpaid waiting period.
- Accomplish at least $300 in wages subject to SDI deductions during the 12-month base period of your claim.
- Prove your disability by providing a medical certificate signed by your doctor.
The Difference Between Workers Compensation and Disability Insurance
Both disability insurance and workers’ compensation have the goal of providing monetary security for individuals who are unable to work as a result of a sickness or injury, but they have different purposes and features.
Employees who sustain diseases or injuries at work might receive benefits through workers’ compensation insurance. In most states, workers’ compensation benefits are required by law and are managed by employers or their insurance providers. Conversely, disability insurance is a form of coverage that replaces an individual’s earnings if they are unable to work due to a sickness or injury unrelated to their line of employment. Individuals can purchase disability insurance or receive it as part of a benefits package from their job.
The primary distinction between disability insurance and workers’ compensation is found in the extent of coverage, eligibility requirements, and management of each. Laws specifically require workers’ compensation for accidents at work, while disability insurance protects against income loss for various disabilities, regardless of how they came about.
Can I Claim Workers Compensation and Disability Insurance at the Same Time?
Generally, you are eligible for worker’s compensation benefits and disability insurance coverage if you suffer work-related injuries that hinder you from performing your job at full capacity. However, you should not expect to receive full compensation from both insurances. In such cases, one benefit will be offset by the other insurance.
For instance, you receive at least $500 weekly from your worker’s compensation claim due to a work-related injury in Burbank. If you are entitled to $1,000 worth of short-term disability benefits, they are likely to reduce your compensation to $500.
In such a case, if you need help recovering compensation for your work-related injury, a personal injury attorney in Burbank can assist you and sort out your case. They can provide you with legal options that best fit your situation.
What Do I Do If I’m Injured At Work?
If you are injured at work, you must follow the steps below to ensure your safety and secure assistance after the accident:
- Seek medical assistance immediately.
- Gather evidence that will help you support your ‘injury at work’ claim.
- Document witness testimonies if any co-workers can validate the cause of your injury.
- Notify your employer about the damages incurred at work.
- File any necessary documents when pursuing worker’s compensation or disability insurance.
- Seek legal advice from experts to help you.
Do I Need a Lawyer to Defend My Rights in a Work-Related Accident?
The intricacy of your case and the extent of your injuries will determine whether you require legal representation to protect your rights following a work-related injury. However, it is usually a good idea to speak with an experienced workers’ compensation lawyer, who can be helpful in many cases, particularly if you have serious injuries or are having issues with your insurance company or employer.
In addition to navigating the complexities of workers’ compensation regulations and gathering evidence to support your claim, an experienced attorney can negotiate with insurance companies on your behalf and, if required, represent you in court. Having legal counsel can also assist in guaranteeing that you get just compensation for any injuries, lost wages, medical costs, and other accident-related damages.
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