Content reviewed by:
Alex Shulman
If you’ve suffered an injury in a workplace accident, you might wonder if you can collect workers’ compensation alongside other benefits. Yes, it’s possible in certain situations. Whether you qualify for additional benefits will depend on a variety of factors, such as:
- The type and severity of your injury or illness.
- Your employment status.
- Your insurance coverage.
Here is what you need to know about your potential eligibility for additional benefits for injured workers through the Family Medical Leave Act (FMLA), Social Security Disability Insurance (SSDI), civil service disability retirement, and third-party personal injury lawsuits.
Family and Medical Leave Act (FMLA)
Many workers wonder if the FMLA will run concurrently with workers’ compensation benefits after a work-related injury. The answer is, possibly.
Workers’ Compensation Benefits
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries and illnesses. If you’re injured at work, our law firm can help you take steps to protect your claim for medical care, wage replacement benefits, and more. Benefits are available regardless of your citizenship status.
FMLA
The FMLA is a federal law that gives eligible employees the right to take up to 12 weeks of medical or family leave per year without losing their health insurance or jobs. To qualify for leave under the FMLA, you must be employed for at least 12 months and have worked at least 1,250 hours before starting leave.
The FMLA covers many scenarios, such as the birth or adoption of a child or needing time to care for a sick family member. Situations in which the FMLA and workers’ compensation might overlap normally involve a work-related injury or illness that impacts your ability to do your job.
Collecting Workers’ Compensation and FMLA Benefits Simultaneously
You can potentially take up to 12 weeks of FMLA benefits alongside workers’ compensation. Some employers may even require that you use FMLA if workers’ compensation and medical disability intersect. These situations can be confusing, so seeking legal advice from an experienced worker’s compensation attorney is best to avoid missteps and protect your rights.
Social Security Disability Insurance (SSDI)
SSDI is a federal program administered by the Social Security Administration (SSA). It provides financial assistance to individuals who have a disability and are unable to work.
SSDI Eligibility
To qualify for federal SSDI, a person must have a medical condition that meets the official federal definition of disability, which is not necessarily the same as the definition used for workers’ compensation claims in New York. A few examples of disabilities that may qualify for both workers’ compensation and SSDI include spinal cord injuries, severe burns, and significant vision or hearing loss.
You must also have earned enough work credits by paying Social Security taxes during your employment. Requirements vary by age:
- Applications under 24 require 6 credits in the 3 years before disability.
- Those aged 24 to 31 require credits for working half the time between age 21 and the start of their disability.
- Those age 31 and older require at least 20 credits in the 10 years before their disability began.
Applying for SSDI Benefits
You can visit the SSA’s website to apply for SSDI benefits. However, it’s worth noting that about 80 percent of applicants are denied benefits on their first try due to complex paperwork and other technical reasons. If you believe you are entitled to SSDI benefits alongside your workers’ compensation, our knowledgeable workers’ compensation attorneys can help you navigate the challenging process.
Collecting SSDI and Workers’ Compensation Simultaneously
You can collect workers’ compensation and SSDI at the same time. However, your SSDI benefits might be reduced if you receive wage replacement benefits through workers’ compensation. Specifically, the SSA may reduce your SSDI benefits to bring your total compensation to a level that does not exceed 80 percent of your income before you were injured. If your workers’ compensation benefits end, your SSDI benefits may increase if you are still eligible.
Civil Service Disability Benefits
If you are a state or New York City employee with a medical condition preventing you from being productive in your work, you may qualify for civil service disability benefits. However, the relationship between workers’ compensation and civil service disability retirement benefits can be confusing. Our skilled attorneys can evaluate your specific circumstances and determine your eligibility.
How a Work-Related Injury Can Lead to Civil Service Disability Benefits and Workers’ Compensation
An injured employee may initially receive workers’ compensation benefits for medical expenses and wage replacement. If the injury results in a permanent disability that prevents the employee from returning to their previous job, they may become eligible for disability retirement through a qualified plan. Workers’ compensation may offset your disability benefits.
Relationship to Workers’ Compensation
Both programs provide benefits to disabled workers, but they differ in scope and purpose. While workers’ compensation helps people with work-related injuries and illnesses by providing medical benefits and wage replacement, civil service disability retirement benefits don’t have to be work-related.
Whether you can collect both workers’ compensation and disability retirement benefits at the same time depends on a few factors. Generally, federal employees are prohibited from receiving workers’ compensation and civil service benefits simultaneously. However, in New York, civil service workers may be eligible for both.
Third-Party Personal Injury Lawsuits and Workers’ Compensation
Depending on the nature of your accident, you may be able to file a workers’ compensation claim or personal injury lawsuit. If workers’ compensation is available, you must file a claim against your employer’s insurer, which should provide benefits regardless of fault.
However, if you can prove that another party was to blame for your injuries, you may be able to collect personal injury damages outside of the worker’s compensation system. You may be compensated for economic and non-economic damages, including:
- Medical expenses
- Lost wages
- Lowered earning capacity
- Pain and suffering
- Emotional distress
There’s no guarantee of how much you can collect through a third-party personal injury lawsuit. However, our experienced attorneys can estimate the value of your claim after learning more about your circumstances in a free consultation. We have what it takes to fight for the maximum compensation you are entitled to.
Our Workers’ Compensation Lawyers Can Help After A Workplace Injury
Our New York City workers’ compensation lawyers can help you navigate the complex process of combining workers’ compensation with other benefits. We are here to answer your questions, protect your rights, and help you get maximum benefits. We have secured millions of dollars in high-value case results for hard-working New Yorkers. Call (212) 221-1000 or contact us online to schedule your free consultation and learn how we can help.
