Can you receive both workers’ compensation and disability in Ohio? Yes. However, there are some restrictions and potential challenges. Navigating these complexities involves meeting qualifications, adequate reporting, and understanding benefits limits. If you believe you qualify for both benefits, consult an attorney experienced with both workers’ compensation and Social Security Disability Insurance (SSDI) benefits claims. Schedule a free consultation with an experienced workers’ compensation lawyer to review your case and offer valuable legal advice.
Workers’ Compensation Benefits in Ohio
The Ohio Bureau of Workers’ Compensation assists injured workers and their employers in dealing with workplace injuries. This insurance coverage pays lost earnings to employees who become ill or injured on the job. In addition to income losses, workers’ compensation also compensates for the following:
- Injury-related medical costs
- Injury-related rehabilitation expenses
- Vocational training to assist workers in education and skill development to return to work
- Death benefits to the worker’s surviving family or dependents when a worker dies due to work-related injury or illness
The amount you may collect depends on your income and the effects of your injury or illness. There are four types of workers’ compensation benefits: income loss, temporary total disability, permanent partial disability, and permanent total disability. Workers’ compensation only applies to economic damages relating to workplace injuries. Claimants cannot recover compensation for pain and suffering or other intangible losses.
Social Security Disability Benefits
When an accident in the workplace leads to a temporary or permanent injury, you can file for disability benefits concurrently with workers’ compensation. Disability payments from the Social Security Administration (SSA) are based on your potential income or Substantial Gainful Activity (SGA) and inability to work. The SSA Blue Book lists impairments that qualify for SSDI benefits. It also details the medical criteria and other essential factors used to reach their final determination. For temporary disabilities, claimants lose benefits upon recovery. However, disability benefits in Ohio do not expire for permanent injuries.
Differences Between Workers’ Compensation and Disability Benefits
A straightforward way to understand the differences is to recognize that workers’ compensation is designed for injured workers who need financial support until they recover and can return to work. In contrast, SSDI benefits are for individuals who are disabled due to injuries and cannot return to work. Other differences between the two programs include the following:
- Government Entity: The Ohio workers’ compensation system is a state program overseen by the Ohio Bureau of Workers’ Compensation. In comparison, Social Security Disability Insurance is a federal program overseen by the SSA and the state agency, Opportunities for Ohioans with Disabilities (OOD).
- Eligibility Period: The timeline for eligibility for benefits varies significantly across programs. If you are an employee on your first day and suffer an injury, you may qualify for workers’ compensation. However, to be eligible for SSDI, you must have a work history that includes paying Social Security taxes for the program. Contributing to the program earns you the necessary work credits for qualification.
- Disability Type: The type of disability you suffer affects the benefits you may receive from these programs—the Ohio Workers compensation program for partial or total disability. However, to qualify for SSDI, you must suffer a total disability that prevents you from working.
- Injury Location: Where your injury occurs impacts the type of disability benefit you receive. To be eligible for workers’ compensation in Ohio, you must suffer an injury on the job or an illness resulting from employment. For SSDI benefits, your disability doesn’t need to be work-related.
When injuries or illness prevent you from working for more than seven days, you may immediately start receiving workers’ compensation benefits in Ohio. However, Social Security requires a minimum of five months following the onset of your disability before issuing your first benefits check. Timelines for SSDI claim approval can be considerably longer.
How Do Disability Benefits Offset Workers’ Compensation Benefits?
An important factor in combining benefits is acknowledging the offset. While you may qualify for both workers’ compensation and disability in Ohio, you cannot receive a combined amount in benefits that exceeds 80 percent of your average current earnings. When exceeding that amount, the SSA will reduce your monthly SSDI benefits payment until the combined amount hits 80 percent. It’s referred to as a workers’ compensation offset.
Dependents who receive SSDI benefits based on your disability will have their benefits reduced first. Social Security determines your average current earnings by taking your average monthly income. Alternatively, they may take your average monthly income from your five highest-paid consecutive years or a single year if you earned more in that year than over the previous five years.
Understanding Sciarrotta Allocation
The Sciarrotta Allocation allows workers’ compensation and disability benefit recipients in Ohio to structure their settlements to minimize the amount the SSA can withhold from their benefits payments in offsets. A Social Security disability lawyer will work alongside you to spread your workers’ comp settlement payments throughout your projected life expectancy. By disbursing payments over a more extended period, your monthly workers’ comp benefit income totals will be much lower, which entitles you to receive more monthly disability benefits before hitting the SSA’s earnings cap.
Conditions That May Qualify for Both Benefits
Determining if your disability qualifies for both benefit systems can be challenging. Even when conditions are eligible, many have stipulations regarding the degree of severity or prognosis of the condition. Some common conditions qualifying for both workers’ compensation and disability in Ohio include the following:
- Amyotrophic lateral sclerosis (ALS)
- Arthritis
- Burns or dermal lesions
- Cerebral palsy
- Chronic heart failure
- Chronic obstructive pulmonary disease (COPD)
- Epilepsy
- Heart attacks
- Mesothelioma
- Multiple sclerosis (MS)
- Muscular dystrophy
- Parkinson’s disease
- Post-traumatic stress disorder (PTSD)
- Severe asthma
- Severe musculoskeletal injuries
- Traumatic brain injuries (TBI)
- Vision or hearing loss
This is not an exhaustive list of conditions. An attorney can review the details and determine qualifications. Remember, detailed medical documentation is critical for proving disability, regardless of which program you’re applying for benefits.
Consult an Experienced Disability Lawyer
A disability lawyer can seek workers’ compensation benefits in Ohio while pursuing Social Security disability. Schedule a free consultation to discuss the circumstances of your case. An experienced social security disability attorney in Ohio can maximize compensation recovery from each benefits system.
