Workers’ compensation and disability differ in who administers their benefits and who can receive benefits from these programs. They also provide different forms of compensation, though in many cases they overlap.
Injured workers in Massachusetts may have a chance to draw benefits from the disability system as well as workers’ comp. A Boston workers’ compensation lawyer can explain these systems in more detail and help you file a claim after an on-the-job injury.
Workers’ Compensation vs. Disability: Differences
Workers’ comp and disability benefits have several major differences, including:
Who Administers the Benefits
Massachusetts’ Department of Industrial Accidents provides information about workers’ compensation for injured workers in our state. Massachusetts General Laws Ch. 152, Sec. 25A says that all employers must provide this type of coverage to employees.
However, Social Security Disability Insurance (SSDI) or benefits come from the federal government, specifically the Social Security Administration.
Therefore, the first difference between disability vs. workers’ comp involves who has to provide these benefits.
Who Qualifies for Benefits
Part of the difference between workers’ comp and disability involves who qualifies for these benefits. In Massachusetts, you may qualify for workers’ comp benefits if you sustained an injury or illness while at work.
You may qualify for disability benefits if you sustain an injury that prevents you from working, regardless of where the injury occurred. For example, you may qualify for disability if you broke a bone in a car accident and need time off work while you heal.
This difference between workers’ compensation and disability can impact how you get compensation to cover your losses.
What Kind of Benefits Are Available
Workers’ comp and SSDI provide different benefits. Injured employees who apply for workers’ comp in Massachusetts may receive compensation for their medical expenses and a percentage of their lost pay. For example, workers’ comp may cover:
- Emergency treatment for a job site injury
- Medical assessments like MRIs and X-rays
- Time in a hospital and all medical procedures
- Rehabilitative care and physical therapy
- Over-the-counter and prescription medications
SSDI, on the other hand, provides a monthly payment to disabled individuals based on their work history. Individuals who have not worked very long may not qualify for SSDI benefits.
People who receive SSDI benefits for an extended period of time may also qualify for Medicare coverage for people with disabilities. In many cases, people have to draw SSDI benefits for 24 months before receiving Medicare, though this may vary based on their condition.
Your legal team can explain more of the difference between workers’ compensation and disability benefits.
Workers’ Compensation vs. Disability: Taxability Differences
Are workers’ compensation settlements taxable in Massachusetts? Generally, the government does not tax workers’ compensation benefits in Massachusetts.
However, you may have to pay taxes on SSDI benefits based on your total level of income. Some individuals do not have to pay taxes.
A Boston Social Security Disability lawyer can explain more about taxation on the benefits you receive after an accident. An attorney can also tell you more about the difference between workers’ compensation and disability.
Differences in Applying for Workers’ Compensation or Disability
You can apply for funds through Massachusetts’ workers’ comp system. You’ll need to provide information to prove that your injury or illness occurred due to an incident at work. You also need to provide information about all the losses you sustained.
An attorney can provide more information about how to file for workers’ compensation in Massachusetts.
You’ll need to provide a lot of the same information when applying for SSDI benefits. The application process typically takes longer for SSDI benefits. Additionally, you can only apply for these benefits if you think you will have to be out of work for at least a year.
Can You Draw Workers’ Compensation and Disability Benefits?
In some cases, you can receive benefits through workers’ comp and SSDI after an accident that prevents you from working. However, if you accept both, the government may reduce the SSDI benefits you receive based on the additional compensation you receive.
A lawyer can provide information about what kind of benefits you should apply for and how they may interact with one another, reducing the stress of securing compensation after an on-the-job accident in Massachusetts.
Can Lawyers Help with Workers’ Compensation and Disability Claims?
A personal injury law firm can help with both workers’ comp and disability claims after an accident in Massachusetts. Lawyers can review the specifics of your unique situation and answer any questions you have.
Your lawyer may also help you file a personal injury lawsuit for compensation. You may only qualify to file this kind of lawsuit after a work accident caused by a third party because Massachusetts typically does not allow employees to sue their employers.
Filing a lawsuit gives you additional options to seek compensation. For example, a lawsuit may help you get compensation for the pain you experience in your daily life, mental anguish, and emotional suffering.
Speak to Us About Workers’ Compensation and Disability Claims
What’s the difference between workers’ compensation and disability? Different agencies administer these benefits, and they provide compensation in different ways for individuals who sustain injuries that keep them from returning to work.
Our team at Jason Stone Injury Lawyers can provide you with more information about your options after a workplace accident. You can learn by calling or completing our online contact form.
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