Category: Workers Comp Claims Process

Report­ing the Injury: This cat­e­go­ry involves the ini­tial steps of report­ing the injury or ill­ness to your employ­er. This includes noti­fy­ing your super­vi­sor, fill­ing out any required inci­dent reports or forms, and seek­ing med­ical attention.

Claim Fil­ing: This cat­e­go­ry cov­ers the process of fill­ing out the nec­es­sary paper­work and forms required by your employ­er or work­ers’ com­pen­sa­tion insur­ance car­ri­er. This includes pro­vid­ing detailed infor­ma­tion about the injury or ill­ness, med­ical treat­ment received, and any relat­ed expenses.

Inves­ti­ga­tion: This cat­e­go­ry involves the inves­ti­ga­tion of your claim by your employ­er or work­ers’ com­pen­sa­tion insur­ance car­ri­er. This includes review­ing the infor­ma­tion pro­vid­ed in your claim, gath­er­ing addi­tion­al infor­ma­tion, and mak­ing a deter­mi­na­tion on the valid­i­ty of the claim.

Ben­e­fit Deter­mi­na­tion: This cat­e­go­ry cov­ers the process of deter­min­ing the ben­e­fits you may be enti­tled to receive, includ­ing med­ical treat­ment, wage replace­ment, and/or dis­abil­i­ty pay­ments. This may involve review­ing med­ical records and oth­er doc­u­men­ta­tion, as well as con­sult­ing with med­ical pro­fes­sion­als and oth­er experts.

Denial or Accep­tance: This cat­e­go­ry cov­ers the final deter­mi­na­tion of your claim, whether it is accept­ed or denied. If your claim is accept­ed, you will begin receiv­ing ben­e­fits. If it is denied, you may have the option to appeal the deci­sion or seek legal representation.

Understand How Drug Testing Could Impact Your Workers Comp Claim

Read­ing Time: 9 min­utes

The tim­ing of a drug test after an acci­dent can vary depend­ing on the employ­er’s pol­i­cy and the type of injury. Some employ­ers may require a drug test imme­di­ate­ly after the acci­dent, while oth­ers may allow the injured work­er to receive ini­tial treat­ment first. How­ev­er, most employ­er-required drug tests are per­formed with­in about 12 hours after the acci­dent occurs. Do you have ques­tions want to find out how drug test­ing pol­i­cy can impact your work­ers’ comp claim ? Call Now for a FREE Con­sult with an Expe­ri­enced Work­ers Comp Lawyer at 844–682‑0999.

Understand How Drug Testing Could Impact Your Workers Comp Claim

There are a few rea­sons why employ­ers may want to con­duct drug tests after an acci­dent. First, they may want to rule out drug use as a fac­tor in the acci­dent. Sec­ond, they may want to take dis­ci­pli­nary action against employ­ees who test pos­i­tive for drugs. Third, they may want to col­lect infor­ma­tion about the employ­ee’s drug use in order to pro­vide them with treat­ment or reha­bil­i­ta­tion services.

It is impor­tant to note that drug test­ing after an acci­dent is not always legal. In some cas­es, employ­ees may have a legal right to refuse a drug test. For exam­ple, employ­ees may be pro­tect­ed by the Amer­i­cans with Dis­abil­i­ties Act (ADA) if they have a dis­abil­i­ty that makes them unable to pass a drug test.

If you are injured in an acci­dent at work, it is impor­tant to speak to an attor­ney to dis­cuss your legal rights. An attor­ney can help you under­stand your rights and options and can rep­re­sent you in nego­ti­a­tions with your employer.

Understand How Drug Testing Could Impact Your Workers Comp Claim

Role of Worker’s Comp Insurance Policies

Many work­ers’ com­pen­sa­tion insur­ance com­pa­nies offer employ­ers a dis­count if they adopt drug-free poli­cies in their work­places. This pro­vides a finan­cial incen­tive for employ­ers to drug test their employ­ees in the event of a work­place accident.

Depend­ing on employ­er and type of injury, some employ­ers insist on per­form­ing the drug test imme­di­ate­ly after the acci­dent, while oth­ers allow the injured work­er to receive ini­tial treat­ment first.

Regard­less, most employ­er-required drug tests are per­formed with­in about 12 hours after the acci­dent occurs.

Is A Drug Test Required For Workers Comp? 

The answer to this ques­tion will depend on the spe­cif­ic laws of your state and the poli­cies of your employ­er. Gen­er­al­ly, a drug test may be required if the injury is con­sid­ered to have been caused by the use of alco­hol or ille­gal drugs. 

Addi­tion­al­ly, a drug test may also be required if the employ­er sus­pects that the employ­ee was under the influ­ence of drugs or alco­hol when the injury occurred. It is impor­tant to speak with your employ­er and insur­ance provider to under­stand the specifics of your situation.

Can You Refuse A Drug Test For Workers Comp? 

Yes, you can refuse a drug test for work­ers’ comp if the request is not in accor­dance with the laws of your state or the poli­cies of your employer. 

How­ev­er, if the employ­er sus­pects that the injury was caused by the use of alco­hol or ille­gal drugs, they may still require a drug test. 

It is impor­tant to speak with your employ­er and insur­ance provider to under­stand the specifics of your sit­u­a­tion before mak­ing a decision.

Before refus­ing, you must speak to an expe­ri­enced Work­ers Comp Lawyer to pro­tect your rights under the laws of your state. 

Can you be Denied Worker Comp Benefits if you Fail a Drug Test ?

Yes, it is pos­si­ble to be denied work­ers’ com­pen­sa­tion ben­e­fits if you fail a drug test.

In legal terms, the work­ers’ com­pen­sa­tion pro­gram is a “no-fault” program.

The no-fault scheme pre­vents employ­ees from being able to sue their employ­ers for their injuries, but it also relieves them of the bur­den of prov­ing that their employ­er was at fault for the injury.

Employ­ees whose injuries are the result of acci­dents caused by their intox­i­ca­tion through drugs or alco­hol are barred from receiv­ing work­ers’ com­pen­sa­tion benefits.

Addi­tion­al­ly, if an employ­ee refus­es to sub­mit a drug test or if the test comes back pos­i­tive, the employ­er may deny the work­ers’ com­pen­sa­tion claim.

How To Claim Benefits Even If You Fail The Drug Or Alcohol Test? 

If you fail a drug or alco­hol test but believe that the injury was not caused by the use of drugs or alco­hol, you may still be able to claim ben­e­fits.

Depend­ing on the spe­cif­ic laws of your state and the poli­cies of your employ­er, you may be able to appeal the deci­sion or pro­vide evi­dence that the injury was not caused by the use of drugs or alco­hol. It is impor­tant to speak with your employ­er and insur­ance provider to under­stand the specifics of your sit­u­a­tion before mak­ing a decision.

It is impor­tant that you must speak to an expe­ri­enced Work­ers Comp Lawyer to pro­tect your rights under the laws of your state. 

OSHA Standards for Drug Testing

OSHA also ruled that requir­ing drug test­ing for work­ers’ comp claims vio­lates their stan­dards if it’s used by the employ­er as retal­i­a­tion to the injured work­er for fil­ing a work­ers’ comp claim.

How­ev­er, if it’s part of the employer’s work­place safe­ty and health pro­gram, OSHA says it’s the employer’s prerogative.

Prescription Drugs and Drug Testing

If you are tak­ing a pre­scrip­tion that con­tains Opi­ates, then you need to pro­vide that script to the insur­ance com­pa­ny at the begin­ning of the work­ers’ comp claim.

Cas­es involv­ing med­ical mar­i­jua­na and work­ers’ com­pen­sa­tion claims can be chal­leng­ing, in part because drug tests that show mar­i­jua­na in the worker’s sys­tem do not mea­sure lev­els of impairment.

To win your case, your work­ers’ com­pen­sa­tion lawyer will need to help you over­come this presumption.

Florida Drug Testing Laws as an Example of Standards

440.101 Leg­isla­tive intent; drug-free work­places.—(1) It is the intent of the Leg­is­la­ture to pro­mote drug-free work­places in order that employ­ers in the state be afford­ed the oppor­tu­ni­ty to max­i­mize their lev­els of pro­duc­tiv­i­ty, enhance their com­pet­i­tive posi­tions in the mar­ket­place, and reach their desired lev­els of suc­cess with­out expe­ri­enc­ing the costs, delays, and tragedies asso­ci­at­ed with work-relat­ed acci­dents result­ing from drug abuse by employ­ees. It is fur­ther the intent of the Leg­is­la­ture that drug abuse be dis­cour­aged and that employ­ees who choose to engage in drug abuse face the risk of unem­ploy­ment and the for­fei­ture of work­ers’ com­pen­sa­tion benefits.

(2) If an employ­er imple­ments a drug-free work­place pro­gram in accor­dance with s. 440.102 which includes notice, edu­ca­tion, and pro­ce­dur­al require­ments for test­ing for drugs and alco­hol pur­suant to law or to rules devel­oped by the Agency for Health Care Admin­is­tra­tion, the employ­er may require the employ­ee to sub­mit to a test for the pres­ence of drugs or alco­hol and, if a drug or alco­hol is found to be present in the employee’s sys­tem at a lev­el pre­scribed by rule adopt­ed pur­suant to this act, the employ­ee may be ter­mi­nat­ed and for­feits his or her eli­gi­bil­i­ty for med­ical and indem­ni­ty ben­e­fits. How­ev­er, a drug-free work­place pro­gram must require the employ­er to noti­fy all employ­ees that it is a con­di­tion of employ­ment for an employ­ee to refrain from report­ing to work or work­ing with the pres­ence of drugs or alco­hol in his or her body and, if an injured employ­ee refus­es to sub­mit to a test for drugs or alco­hol, the employ­ee for­feits eli­gi­bil­i­ty for med­ical and indem­ni­ty benefits.

How Long Does My Employer Have To Request A Drug Test? 

The amount of time your employ­er has to request a drug test will depend on the spe­cif­ic laws of your state and the poli­cies of your employ­er. Gen­er­al­ly, the employ­er will have a lim­it­ed time frame in which they can request a drug test. It is impor­tant to speak with your employ­er and insur­ance provider to under­stand the specifics of your sit­u­a­tion before mak­ing a decision.

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State-by-State Pre-Employment Drug Testing Laws

State Cov­ered Employers Pro­vi­sions Med­ical or Recre­ation­al Mar­i­jua­na Legal 
Alaba­ma AllTest­ing per­mit­ted after appli­cant receives drug-test­ing pol­i­cy and a con­di­tion­al employ­ment offer. N/A 
Alas­ka All employ­ers, includ­ing school dis­tricts or region­al edu­ca­tion­al atten­dance areas.Test­ing not restrict­ed. Pos­i­tive results or refusal may be grounds for not hiring. Med­ical and Recreational 
Ari­zona All pri­vate employ­ers, plus school dis­tricts and enti­ties that fur­nish trans­porta­tion to school districts.Test­ing per­mit­ted after appli­cant receives drug test­ing pol­i­cy. Refusal to sub­mit to a drug test can be basis for not hir­ing. Test­ing is required for school bus dri­ver certification. Med­ical and Recreational 
Arkansas N/ANo state laws; fol­lows fed­er­al law where required. Med­ical
Cal­i­for­nia State Agen­ciesTest­ing per­mit­ted for appli­cants to posi­tions of sen­si­tiv­i­ty in state agen­cies if test­ing is job relat­ed. Test­ing is required for pub­lic trans­porta­tion drivers.Med­ical and Recreational
Col­orado N/ANo state laws; fol­lows fed­er­al law where required. Med­ical and Recreational
Con­necti­cut All pri­vate employersTest­ing per­mit­ted after appli­cant receives drug-test­ing pol­i­cy. Can­not test for­mer employ­ees unless they have been gone for at least 12 months. Employ­ers in the fol­low­ing indus­tries can claim exemp­tions: min­ing; util­i­ties; con­struc­tion; man­u­fac­tur­ing; trans­porta­tion or deliv­ery; edu­ca­tion­al ser­vices; health­care or social ser­vices; jus­tice, pub­lic order and safe­ty activ­i­ties; and nation­al secu­ri­ty and inter­na­tion­al affairs. Med­ical and Recreational
Delaware Pub­lic and pri­vate schools and school trans­porta­tion; Depart­ment of Corrections. Test­ing is required for school bus dri­ver cer­ti­fi­ca­tion and for secu­ri­ty posi­tions at Depart­ment of Corrections. Med­ical 
Dis­trict of Colum­bia N/ANo state laws; fol­lows fed­er­al law where required. Med­ical and Recreational 
Flori­da Pri­vate employ­ers with 3 or more employ­ees. Pub­lic employ­ers with safe­ty-sen­si­tive and law enforce­ment positions.Test­ing per­mit­ted after appli­cant receives drug test­ing pol­i­cy. Refusal to sub­mit to a drug test can be basis for not hiring. Med­ical
Geor­gia State gov­ern­ment employ­ers, pub­lic schools, and com­pa­nies that fur­nish school trans­porta­tion; pri­vate employers.Test­ing autho­rized for appli­cants of state gov­ern­ment, pub­lic schools, and pri­vate com­pa­nies. Refusal to sub­mit to a drug test or a pos­i­tive test result may dis­qual­i­fy appli­cant from state and pub­lic school employ­ment for two years.N/A
Hawaii All employ­ersTest­ing per­mit­ted after appli­cant receives drug test­ing pol­i­cy and has oppor­tu­ni­ty to dis­close cur­rent pre­scrip­tion and non­pre­scrip­tion drugs being tak­en. Test­ing required for civ­il ser­vice appli­cants with city of Honolulu. Med­ical
Ida­ho All employ­ersTest­ing permitted. N/A
Illi­nois All employ­ers Illi­nois state law does not pro­hib­it drug testing. Med­ical and Recreational
Indi­ana N/ANo state laws; fol­lows fed­er­al law where required. N/A 
Iowa Pub­lic and pri­vate employers Test­ing per­mit­ted if appli­cant is informed at the time of appli­ca­tion that a drug test is required. Ads and appli­ca­tions must car­ry notice of drug test. N/A
Kansas State gov­ern­mentTest­ing per­mit­ted for appli­cants to safe­ty-sen­si­tive jobs after a job offer has been made. Ads for safe­ty-sen­si­tive jobs must car­ry notice of drug test. N/A 
Ken­tucky N/ANo state laws; fol­lows fed­er­al law where required.N/A
Louisiana Pub­lic and pri­vate employ­ers not sub­ject to a fed­er­al­ly man­dat­ed test­ing program.Test­ing not restricted. Med­ical
Maine Pub­lic and pri­vate employersTest­ing per­mit­ted after appli­cant receives drug test­ing pol­i­cy. Refusal to sub­mit to a drug test or a pos­i­tive test result can be basis for not hiring. Med­ical and Recreational
Mary­land All employ­ersTest­ing not restricted. N/A
Mass­a­chu­setts N/ANo state laws; fol­lows fed­er­al law where required.Med­ical and Recreational
Michi­gan N/ANo state laws; fol­lows fed­er­al law where required.Med­ical and Recreational
Min­neso­ta Pub­lic and pri­vate employersTest­ing per­mit­ted after appli­cant receives drug-test­ing pol­i­cy and a con­di­tion­al employ­ment offer and only if all job can­di­dates are tested. Med­ical
Mis­sis­sip­pi Pub­lic and pri­vate employers Test­ing not restricted. Med­ical 
Mis­souri N/ANo state laws; fol­lows fed­er­al law where required.Med­ical
Mon­tana Pub­lic and pri­vate employersTest­ing per­mit­ted for appli­cants to intrastate trans­port jobs, haz­ardous envi­ron­ments jobs, or posi­tions with secu­ri­ty, pub­lic safe­ty, or fidu­cia­ry responsibility. Med­ical and Recreational 
Nebras­ka Pri­vate employ­ers with six or more employ­ees and pub­lic employers Test­ing not restricted. N/A 
Neva­da State agen­ciesTest­ing per­mit­ted for pub­lic safe­ty jobs. Med­ical and Recreational 
New Hamp­shire N/ANo state laws; fol­lows fed­er­al law where required. Med­ical
New Jer­sey All employ­ers Test­ing per­mit­ted, but employ­ers can­not refuse to hire any per­son because they do (or do not) use cannabis prod­ucts out­side of work.Med­ical and Recreational
New Mex­i­co N/AEmploy­ers per­mit­ted to imple­ment and main­tain zero-tol­er­ance drug test­ing pro­grams, includ­ing the test­ing of marijuana. Med­ical and Recreational
New York N/ANew York City bans pre-employ­ment screen­ing for mar­i­jua­na use except for safe­ty and secu­ri­ty sen­si­tive jobs and jobs bound by a fed­er­al or state con­tract or grant. Med­ical and Recreational 
North Car­oli­na Pub­lic and pri­vate employersTest­ing not restricted. N/A 
North Dako­ta N/ANo state laws; fol­lows fed­er­al law where required. Med­ical 
Ohio All employ­ersAppli­cant test­ing autho­rized with advance notice to appli­cant and after offer of employ­ment has been made.Med­ical
Okla­homa Pub­lic and pri­vate employersAppli­cant test­ing autho­rized with advance notice to appli­cant and after offer of employ­ment has been made. Notice must be in writ­ing, describ­ing meth­ods, pro­ce­dures, and poli­cies in detail. Med­ical 
Ore­gon All employ­ersTest­ing per­mit­ted if rea­son­able sus­pi­cion exists that appli­cant is under the influ­ence of alco­hol or con­trolled substance.Med­ical and Recreational
Penn­syl­va­nia N/ANo state laws; fol­lows fed­er­al law where required.Med­ical
Rhode Island Pub­lic and pri­vate employersPri­vate sec­tor appli­cant test­ing per­mit­ted only after offer of employ­ment has been made. Pub­lic sec­tor test­ing per­mit­ted for jobs involv­ing pub­lic safe­ty or when required by fed­er­al law. Med­ical
South Car­oli­na All employ­ers S.C. Code § 1–13-30. Test­ing not restricted. N/A 
South Dako­ta State gov­ern­mentTest­ing per­mit­ted for appli­cants to safe­ty- sen­si­tive state jobs only after offer of employ­ment has been made. Pub­lic announce­ments and ads must car­ry notice of drug test­ing requirements. Med­ical and Recreational 
Ten­nessee State Dept. of Corrections Test­ing not restricted. N/A
Texas N/ANo state laws; fol­lows fed­er­al law where required. N/A
Utah Pri­vate employ­ers, local gov­ern­ment enti­ties, and state insti­tu­tions of high­er educationTest­ing not restrict­ed in the pri­vate sec­tor. Local gov­ern­ments and state col­leges can test appli­cants with advance notice and a writ­ten pol­i­cy. Refusal to sub­mit to a drug test or a pos­i­tive test result can be basis for not hiring. Med­ical 
Ver­mont Pub­lic and pri­vate employers Test­ing autho­rized with advance writ­ten notice to appli­cant, after con­di­tion­al offer of employ­ment has been made, and if test is part of pre-employ­ment physical.Med­ical and Recreational
Vir­ginia N/ATest­ing per­mit­ted but employ­ers are pro­hib­it­ed from dis­charg­ing, dis­ci­plin­ing, or dis­crim­i­nat­ing against an employee’s law­ful use of cannabis oil accord­ing to a valid writ­ten cer­ti­fi­ca­tion issued by a prac­ti­tion­er for the treat­ment or to elim­i­nate the symp­toms of the employee’s diag­nosed con­di­tion or disease. Med­ical and Recreational
Wash­ing­ton Pri­vate employ­ers seek­ing to qual­i­fy for a 5% work­ers’ comp. pre­mi­um dis­count, with approval by state authorities.Test­ing autho­rized with advance writ­ten notice and after con­di­tion­al offer of employ­ment has been made. Med­ical and Recreational
West Vir­ginia N/ANo state laws; fol­lows fed­er­al law where required.Med­ical
Wis­con­sin N/A No state laws; fol­lows fed­er­al law where required. N/A 
Wyoming N/ANo state laws; fol­lows fed­er­al law where required. N/A

Federal Drug Testing Laws

Job appli­cants or employ­ees in posi­tions such as air­line pilots, bus dri­vers, rail­road employ­ees, taxi dri­vers, and truck dri­vers are reg­u­lat­ed by the Depart­ment of Trans­porta­tion and must com­ply with fed­er­al laws, which require appli­cants to take and pass a pre-employ­ment urine test. If a per­son in one of these posi­tions is ever in an acci­dent on the job, they will also be required to take a post-acci­dent drug test.

Questions People Ask:

  • Work­ers Comp Drug Test: What Hap­pens If You Fail?
  • Do I Have To Take A Drug Test If I Get Hurt At Work?
  • Is A Drug Test Required For Work­ers Comp?
  • How Long Does Work­ers Comp Have To Drug Test?
  • Can You Refuse A Drug Test For Work­ers Comp?
  • How To Claim Ben­e­fits Even If You Fail The Drug Or Alco­hol Test
  • Prov­ing That Drug Intox­i­ca­tion Did­n’t Cause Your Injuries
  • How Long Does My Employ­er Have To Request A Drug Test?
  • How Long Does A Com­pa­ny Have To Drug Test You After An Accident?
  • What Are My Legal Rights If I Have Been Denied Work­ers Comp Due To Drug Or Alco­hol Impairment?
  • Under­stand How Drug Test­ing Could Impact Your Work­ers Comp Claim
  • Med­ical Mar­i­jua­na And Work­ers Com­pen­sa­tion Claims In Illinois
  • Are There Spe­cial Chal­lenges Asso­ci­at­ed With A Pos­i­tive Mar­i­jua­na Test?

#Ama­zon #Appeal­sProcess #Back­ToWorkAf­ter­In­jury #Cal­cu­la­tors #Claims­De­nied #Con­struc­tion­Work­er­sCom­pen­sa­tion #Death­Ben­e­fits #Employ­ers #Flori­da­Work­er­sComp­Ben­e­fits #FreeCon­sult #Inde­pen­dent­Con­trac­tors #Injure­dAt­Work #Insur­ance­For­Work­er­sComp #LawsIn50States #Lawyer #Med­ical­Ben­e­fits #NJLaws #Occu­pa­tion­al­In­juries #Ore­gonWork­er­sComp­Ben­e­fits #OSHA #Per­ma­nent­Ben­e­fits #RehireAf­ter­In­jury #Repet­i­tive­Mo­tion­In­juries #Rights #SocialSe­cu­ri­ty #Tem­po­rary­Ben­e­fits #Ten­nessee­Work­er­sComp #Trans­porta­tion­Work­ers #USDe­part­mentOfLa­bor #Work­er­sComp­Ben­e­fits #Work­er­sCom­p­Claims #Work­er­sCom­pDis­abil­i­ty­Claims #Work­er­sCom­pen­sa­tion­Laws #Work­er­sCom­pRights #Work­In­jury­Terms

Can I Collect SSDI And Workers Compensation At The Same Time?

Read­ing Time: 4 min­utes

Can I Col­lect SSDI And Work­ers Com­pen­sa­tion At The Same Time? Call Us Now and Talk with a Work­ers Com­pen­sa­tion Lawyer Today at 844–682‑0999. Free Consult.

Can I Collect SSDI And Workers Compensation At The Same Time?

There are many rea­sons an injured work­er may con­sid­er tak­ing pen­sion or Social Secu­ri­ty retire­ment ben­e­fits while they are receiv­ing work­ers’ com­pen­sa­tion. Under fed­er­al law, a per­son is only enti­tled to receive up to 80% of what is termed “aver­age cur­rent earn­ings” from Social Secu­ri­ty Dis­abil­i­ty and work­ers’ com­pen­sa­tion benefits.

How­ev­er, Work­ers’ Com­pen­sa­tion ben­e­fits as a result of your work injury can reduce Social Secu­ri­ty Dis­abil­i­ty ben­e­fits. To qual­i­fy for SSDI assis­tance, you must have a “severe med­ical con­di­tion that has last­ed, or is expect­ed to last, at least one year or result in death.”

To make it even more com­pli­cat­ed, there is no reduc­tion if you were already receiv­ing Social Secu­ri­ty retire­ment ben­e­fits before the work injury.

There is yet more, dis­abil­i­ty pay­ments from a pri­vate pen­sion or a pri­vate insur­ance com­pa­ny does not affect your Social Secu­ri­ty Dis­abil­i­ty insur­ance benefits.

Spreading the Benefits

A set­tle­ment of a work­ers’ com­pen­sa­tion case can some­times avoid that reduc­tion by spread­ing the work­ers’ com­pen­sa­tion set­tle­ment out over the claimant’s life.

Most work­ers’ com­pen­sa­tion attor­neys will be famil­iar with what is called “spread lan­guage” to min­i­mize the impact of a work­ers’ com­pen­sa­tion set­tle­ment on Social Secu­ri­ty Dis­abil­i­ty benefits.

For that rea­son, it’s impor­tant to dis­cuss your inten­tion to file for Social Secu­ri­ty Dis­abil­i­ty ben­e­fits with your work­ers’ com­pen­sa­tion lawyer.

Why You Need A Good Workers Compensation Lawyer !

A good Work­ers Comp Lawyer who is also famil­iar with Social Secu­ri­ty dis­abil­i­ty require­ments can pro­vide guid­ance before you apply for either ben­e­fit pro­gram or answer ques­tions if your claim is denied and you need to appeal.

For an employ­ee who can­not work while recov­er­ing from an injury or work-relat­ed ill­ness, work­ers’ com­pen­sa­tion can pay tem­po­rary total dis­abil­i­ty ben­e­fits.

When an employ­ee dies as the result of an injury or work-relat­ed ill­ness, then the employee’s depen­dents can receive sur­vivor ben­e­fits.

What types of income do you have to report to Social Security disability?

There are two kinds of income you are required to report to the SSD ben­e­fits pro­gram, earned income and unearned income. Earned income is any mon­ey you receive in exchange for work you per­formed, whether you work for an employ­er or you are self-employed.

Questions People Ask

  • How Does Work­ers Com­pen­sa­tion Affect My Social Secu­ri­ty Dis­abil­i­ty Payments? 
    • Work­ers com­pen­sa­tion ben­e­fits can affect your Social Secu­ri­ty dis­abil­i­ty pay­ments in two ways. First, your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if you are also receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. Sec­ond, if you are receiv­ing work­ers’ com­pen­sa­tion ben­e­fits, you may be required to prove that you are unable to work due to your dis­abil­i­ty in order to be eli­gi­ble for Social Secu­ri­ty dis­abil­i­ty payments.
  • What If I Set­tle My Work­ers Com­pen­sa­tion Claim While Receiv­ing Social Secu­ri­ty Dis­abil­i­ty Benefits? 
    • If you set­tle your work­ers’ com­pen­sa­tion claim while receiv­ing Social Secu­ri­ty dis­abil­i­ty ben­e­fits, you will need to inform the Social Secu­ri­ty Admin­is­tra­tion of the set­tle­ment. The amount of your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if the set­tle­ment is large enough. Addi­tion­al­ly, if you receive a lump sum set­tle­ment, you may need to set aside some of the mon­ey to cov­er future med­ical costs asso­ci­at­ed with your disability.
  • How Much Work­ers Com­pen­sa­tion Will Affect Social Secu­ri­ty Payments 
    • The amount of work­ers’ com­pen­sa­tion that will affect your Social Secu­ri­ty pay­ments depends on the amount of your work­ers’ com­pen­sa­tion ben­e­fits. Gen­er­al­ly, if your work­ers’ com­pen­sa­tion exceeds 80% of your aver­age cur­rent earn­ings, your Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced by the amount of the work­ers compensation.
  • What Are The Dif­fer­ences Between Work­ers Com­pen­sa­tion And Social Secu­ri­ty Dis­abil­i­ty Insur­ance SSDI Benefits? 
    • Work­ers com­pen­sa­tion ben­e­fits are pro­vid­ed to indi­vid­u­als who have suf­fered an injury or ill­ness due to their work duties. These ben­e­fits are typ­i­cal­ly paid by an employ­er or their insur­ance com­pa­ny and are designed to cov­er med­ical expens­es and lost wages. On the oth­er hand, Social Secu­ri­ty dis­abil­i­ty insur­ance (SSDI) ben­e­fits are pro­vid­ed to indi­vid­u­als who are unable to work due to a dis­abil­i­ty. These ben­e­fits are fund­ed through Social Secu­ri­ty tax­es and are designed to pro­vide finan­cial secu­ri­ty to indi­vid­u­als who can­not work due to a disability.
  • If I Was Injured On The Job And Am Receiv­ing Work­ers Com­pen­sa­tion, Can I Still File A Claim For Dis­abil­i­ty Ben­e­fits In PA?
  • Work­ers Com­pen­sa­tion Ver­sus Dis­abil­i­ty Benefits
  • How To Qual­i­fy For Dis­abil­i­ty Benefits
  • Can I Col­lect Both VA Work­ers Com­pen­sa­tion Ben­e­fits And Social Secu­ri­ty Dis­abil­i­ty Benefits? 
    • Yes, it is pos­si­ble to col­lect both VA work­ers’ com­pen­sa­tion ben­e­fits and Social Secu­ri­ty dis­abil­i­ty ben­e­fits. How­ev­er, the amount of ben­e­fits you are eli­gi­ble for may be reduced if you are receiv­ing both types of ben­e­fits. Addi­tion­al­ly, you may be required to pro­vide proof that you are unable to work due to your dis­abil­i­ty in order to be eli­gi­ble for both benefits.
  • Get­ting The Help You Need With SSD And Work­ers Com­pen­sa­tion Benefits
  • How Much Work­ers’ Com­pen­sa­tion Will Low­er Social Secu­ri­ty Payments 
    • The amount of work­ers’ com­pen­sa­tion that will low­er Social Secu­ri­ty pay­ments depends on the amount of the work­ers’ com­pen­sa­tion ben­e­fits. Gen­er­al­ly, if the work­ers’ com­pen­sa­tion ben­e­fits exceed 80% of an indi­vid­u­al’s aver­age cur­rent earn­ings, Social Secu­ri­ty pay­ments may be reduced by the amount of the work­ers’ compensation.
  • Does Work­ers’ Com­pen­sa­tion Affect Social Secu­ri­ty In New York?
  • How Does A Lump Sum Set­tle­ment Affect Social Secu­ri­ty Disability? 
    • A lump sum set­tle­ment can affect Social Secu­ri­ty dis­abil­i­ty pay­ments in two ways. First, the amount of the Social Secu­ri­ty dis­abil­i­ty pay­ments may be reduced if the lump sum set­tle­ment is large enough. Sec­ond, if the lump sum set­tle­ment is large enough, the indi­vid­ual may need to set aside some of the mon­ey to cov­er future med­ical costs asso­ci­at­ed with their disability.

Keywords People Search

  • can you col­lect social secu­ri­ty and work­ers comp
  • should i apply for social secu­ri­ty dis­abil­i­ty before or after work­er comp settlement
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  • can i get dis­abil­i­ty after work­ers’ comp settlement
  • can you col­lect work­ers’ comp and dis­abil­i­ty at the same time in ny
  • what pays more work­ers’ comp or disability
  • col­lect­ing ssdi and work­ers’ comp
  • does work­ers’ comp end at 65
  • do you have to report a set­tle­ment to social security?

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Can You Get Workers Comp While On Light Duty?

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Can You Get Work­ers Comp While On Light Duty? Call Now for a FREE Con­sult with an Expe­ri­enced Work­ers Comp Lawyer at 844–682‑0999.

Can You Get Workers Comp While On Light Duty?

Nobody ever plans on get­ting injured while per­form­ing their dai­ly work duties, but unfor­tu­nate­ly, work relat­ed acci­dents hap­pen dai­ly and impact work­ers in almost every job cat­e­go­ry in every indus­try, espe­cial­ly the jobs relat­ed with phys­i­cal work.

If the employ­er’s Work­er’s Comp insur­ance doc­tor deter­mines that your work injury has not com­plete­ly healed, but that you can return to some mod­i­fied work, then you are con­sid­ered as an employ­ee on mod­i­fied light duty work.

Nev­er­the­less, if the offer of a light-duty posi­tion is made and it pro­vides accom­mo­da­tions rec­om­mend­ed by the injured worker’s treat­ing med­ical providers, then the work­er will like­ly be required to accept the position.

What Is Considered Light-Duty Work? 

Light-duty work is a type of job that does not require employ­ees to per­form phys­i­cal labor or do stren­u­ous activ­i­ties. It typ­i­cal­ly involves less phys­i­cal activ­i­ty than tra­di­tion­al jobs and is often used as an alter­na­tive to work­ers’ com­pen­sa­tion payments. 

Light-duty work can help reduce the amount of mon­ey paid out in work­ers’ com­pen­sa­tion pay­ments as it allows an injured work­er to con­tin­ue work­ing while recov­er­ing from their injury. 

Exam­ples of light-duty work include work­ing in an office set­ting, answer­ing phones, fil­ing paper­work, typ­ing, and cus­tomer ser­vice. Oth­er exam­ples of light-duty work include data entry, research, cus­tomer ser­vice, stock­ing shelves, admin­is­tra­tive tasks, and cus­tomer ser­vice. Light-duty work also may include light main­te­nance tasks such as vac­u­um­ing and dusting.

Can I call in Sick while on Workers Comp Light Duty? 

It depends on the spe­cif­ic details of your work­ers’ com­pen­sa­tion case. It is best to speak direct­ly with your employ­er and/or the work­ers’ com­pen­sa­tion insur­ance provider to deter­mine if you are allowed to call in sick while on light duty. An expe­ri­enced local Work­ers Comp Lawyer will be able to guide you with good advice.

Can I get Fired while on Light Duty? 

It is pos­si­ble to be fired while on light duty, although your employ­er may need to pro­vide a valid rea­son for the ter­mi­na­tion and may need to abide by any restric­tions out­lined in your work­ers’ com­pen­sa­tion agree­ment. Ulti­mate­ly, it is best to speak with your employ­er and/or the work­ers’ com­pen­sa­tion insur­ance provider to deter­mine the spe­cif­ic rules in your case. An expe­ri­enced local Work­ers Comp Lawyer will be able to guide you with good advice.

How Does Worker Compensation Benefits Impact Light Duty?

This type of work also allows employ­ers to main­tain a cer­tain lev­el of pro­duc­tiv­i­ty while allow­ing an injured work­er to con­tin­ue to receive a paycheck. 

It also allows for an injured work­er to main­tain a steady income while recov­er­ing from their injury. How­ev­er, the amount of mon­ey paid out in work­ers’ com­pen­sa­tion pay­ments is still depen­dent on the sever­i­ty of the injury and the amount of work missed.

Can I be Harassed while on Light Duty? 

What are my Options ? No, you should not be harassed or dis­crim­i­nat­ed against in any way while on light duty due to a work­ers’ com­pen­sa­tion injury. If you feel that you are being harassed or dis­crim­i­nat­ed against, it is impor­tant to speak with your employ­er and/or the work­ers’ com­pen­sa­tion insur­ance provider. You may also wish to speak with an attor­ney or con­tact your state’s depart­ment of labor for more infor­ma­tion and advice.

Do I need a doctor’s note for light duties? 

Yes, in most cas­es a doc­tor’s note is required for light duty work. The spe­cif­ic require­ments may vary depend­ing on your state and the details of your work­ers’ com­pen­sa­tion case, so it is best to speak with your employ­er and/or the work­ers’ com­pen­sa­tion insur­ance provider for more information.

Can I continue to get medical benefits while on light duty? 

Yes, you can con­tin­ue to receive med­ical ben­e­fits while on light-duty work. Depend­ing on the sever­i­ty of the injury, you may be able to receive med­ical cov­er­age for treat­ments and med­ica­tions asso­ci­at­ed with the injury. How­ev­er, you may not be eli­gi­ble for work­ers’ com­pen­sa­tion pay­ments while on light-duty work. It is impor­tant to speak with your employ­er and insur­ance provider to under­stand the specifics of your situation.

Should I accept Light Duty Work if Offered by my Employer? 

Whether you should accept light-duty work if offered by your employ­er will depend on your injury and your abil­i­ty to per­form the tasks asso­ci­at­ed with the job. 

Gen­er­al­ly, if you are able to per­form the light-duty work, it can be ben­e­fi­cial for you and your employ­er. It can help reduce the amount of mon­ey paid out in work­ers’ com­pen­sa­tion pay­ments, main­tain a lev­el of pro­duc­tiv­i­ty, and pro­vide you with a steady income while you are recov­er­ing from your injury. 

You should speak with your employ­er and insur­ance provider to under­stand the specifics of your sit­u­a­tion before mak­ing a decision.

You should also con­sult with an Expe­ri­enced Work­ers Comp Lawyer to get answers for your par­tic­u­lar circumstances

Will My Workers’ Compensation Benefits Be Reduced While On Light Duty Work?

If you decline the mod­i­fied posi­tion or work, you will will like­ly not be eli­gi­ble to receive your work­er’s com­pen­sa­tion pay­ments for the tem­po­rary disability.

How­ev­er, if the light duty posi­tion results in dimin­ished hours or a reduced rate of pay, you should still receive what is called Tem­po­rary Par­tial Dis­abil­i­ty (TPD) ben­e­fits under the Work­er’s Comp Law.

How does OSHA define light duty?

Light work gen­er­al­ly means lift­ing 20 pounds max­i­mum with fre­quent lift­ing and/or car­ry­ing of objects weigh­ing up to 10 pounds.

What is considered light lifting at work?

Jobs are seden­tary if walk­ing and stand­ing are occa­sion­al. Light work involves lift­ing no more than 20 pounds at a time with fre­quent lift­ing or car­ry­ing of objects weigh­ing up to 10 pounds.

What is the difference between light duty and modified duty?

Light duty work – Work in which your cur­rent job is exe­cut­ed at reduced phys­i­cal lev­els. This can be with use of addi­tion­al machin­ery or reduced hours. Tasks can be tem­po­rary or permanent.

Mod­i­fied work – Work in which restric­tions that may keep you from per­form­ing your reg­u­lar work tasks are mod­i­fied, adapt­ed, altered or com­plete­ly removed for your benefit.

What if my doctor sends me back to work full duty but I am still hurting?

If your doc­tor send you back to full duty work and you find that your body is not ready yet, you should make an appoint­ment as soon as pos­si­ble with your com­pa­ny doc­tor. You will need to describe the types of activ­i­ties or tasks that are caus­ing the pain. Your insur­ance doc­tor will either tell you the pain is nor­mal and a part of nor­mal recov­ery, or will give you restric­tions for light / mod­i­fied duty.

If the com­pa­ny doc­tor does not sup­port your con­di­tion and demand for mod­i­fied / light duty work, you have right to appeal and con­sult your own doctor.

How much weight should an employee’s lift?

Based off the NIOSH Lift­ing Equa­tion, the Occu­pa­tion­al Safe­ty and Health Admin­is­tra­tion (OSHA) rec­om­mends the weight lim­it for indi­vid­ual lift­ing be 50 pounds. When lift­ing more than 50 pounds, it is rec­om­mend­ed to use a lift­ing device or two or more people.

Keywords

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Related Questions

The Sim­ple Way To Cal­cu­late Your Work­ers Comp Benefits.

But, What Should You Do If Your Employ­er Does­n’t Offer Light Duty?

Speak To An Expe­ri­enced Work­ers Com­pen­sa­tion Lawyer.

What Are Per­ma­nent Restric­tions For Work­ers Comp?

Will Every­body Agree With My Per­ma­nent Restrictions?

Inde­pen­dent Med­ical Evaluation.

I Just Got Per­ma­nent Restric­tions For Work­ers Comp, What Should I Do?

Work­ers Com­pen­sa­tion Your Employ­ers Rights And Responsibilities.

When Can My Employ­er Offer Mod­i­fied Work?

Will I Lose Work­ers’ Comp If I Refuse Light.

Is My Employ­er Required To Pay Me The Same Amount As Before My Injury?

Work­ers Com­pen­sa­tion Light Duty Policy.

Even When Avail­able, Changed Job Duties May Not Be Adequate.

Mod­i­fied Job Duties Can Help An Employ­ee Return To Work Faster.

When Should I Hire A Work­ers Com­pen­sa­tion Attorney?

Light Duties Defined Under Work­ers Comp Law.

Light Duty Work & Restric­tions Under Work­ers Comp Law.

An Employ­er Can File Paper­work To Sus­pend Your Ben­e­fits If You Refuse To Return To Work.

How Long Can You Be On Workers’ Comp?

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How Long Can You Be On Work­ers’ Comp? Get Legal Help! Call Now for a FREE Con­sult with an Expe­ri­enced Work­ers Comp Lawyer at 844–682‑0999.

How Long Can You Be On Workers’ Comp?

The length of work­ers’ com­pen­sa­tion ben­e­fits can vary from state to state. This vari­a­tion often depends on the type of work­ers dis­abil­i­ty of the injured work­er. Some of the types of work­ers dis­abil­i­ty are:

  • Tem­po­rary disability
  • Per­ma­nent disability
  • Full or par­tial disability

Some states lim­it the length of time an injured work­er can receive tem­po­rary ben­e­fits. This range can be three to sev­en years. That said, there is not usu­al­ly a lim­it on per­ma­nent dis­abil­i­ty ben­e­fits. How­ev­er, some states do stop week­ly ben­e­fits when employ­ees reach the age of 65.

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Workers Comp Resources

Work­ers CompRightsBen­e­fits
Legal Resources for Work­ers Comp Injured WorkersMed­ical Ben­e­fits and Resources for Injured WorkersWork­ers Comp Law and Ben­e­fits for Injured Workers
State Resources for Injured WorkersWork­ers Comp Ref­er­ence Library for Injured WorkersClaims Process and the Legal Options

Need Legal Help ?

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Can I Be Fired While Injured with Workers’ Compensation?

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Can I Be Fired While Injured with Work­ers’ Com­pen­sa­tion? Get Legal Help! Call Now for a FREE Con­sult with an Expe­ri­enced Work­ers’ Comp Lawyer at 844–682‑0999.

Workers’ Compensation Rights and Job Security

Can I Be Fired While Injured with Workers’ Compensation?

injured Construction worker

No, you can­not be fired while injured and receiv­ing work­ers’ com­pen­sa­tion ben­e­fits. This is because it would be con­sid­ered retal­i­a­tion, which is ille­gal. Retal­i­a­tion occurs when an employ­er takes adverse action against an employ­ee for exer­cis­ing a pro­tect­ed right, such as fil­ing a work­ers’ com­pen­sa­tion claim.

What to Do If You Are Fired While Injured and Receiving Workers’ Compensation Benefits

Worker with Red Hard Hat

If you are fired while injured and receiv­ing work­ers’ com­pen­sa­tion ben­e­fits, you should con­tact an attor­ney to dis­cuss your legal options. You may be able to file a law­suit against your employ­er for wrong­ful ter­mi­na­tion.

How to Protect Yourself from Retaliation After Filing a Workers’ Compensation Claim

Worker with Red Hard Hat

Here are some things to keep in mind if you are injured on the job:
Report the injury to your super­vi­sor imme­di­ate­ly.
See a work­er’s com­pen­sa­tion doc­tor and get a med­ical report.
File a work­ers’ com­pen­sa­tion claim.
Keep a record of all com­mu­ni­ca­tions with your employ­er about the injury.
Do not sign any­thing with­out first con­sult­ing with an attor­ney.
If you have any ques­tions about your rights under work­ers’ com­pen­sa­tion, you should con­tact a Work­ers’ Comp Lawyer.

But, your employer can fire you for many other reasons while you are drawing benefits from workers compensation.

Your employ­er can fire you for many oth­er rea­sons while you are draw­ing ben­e­fits from work­ers com­pen­sa­tion, as long as the rea­son is not relat­ed to your injury or your work­ers com­pen­sa­tion claim. For exam­ple, your employ­er could fire you for poor per­for­mance, mis­con­duct, or because the com­pa­ny is downsizing.

How­ev­er, if your employ­er fires you for a rea­son that is relat­ed to your injury or your work­ers com­pen­sa­tion claim, then you may have a case for wrong­ful ter­mi­na­tion. In order to prove wrong­ful ter­mi­na­tion, you would need to show that your employ­er’s rea­son for fir­ing you was a pre­text for retal­i­a­tion. This means that you would need to show that your employ­er would not have fired you if you had not filed a work­ers com­pen­sa­tion claim.

If you believe that you have been wrong­ful­ly ter­mi­nat­ed, you should con­tact an attor­ney to dis­cuss your legal options. You may be able to file a law­suit against your employ­er and recov­er dam­ages, such as back pay, lost wages, and emo­tion­al distress.

Here are some of the rea­sons why your employ­er might fire you while you are on work­ers compensation:

  • Poor per­for­mance: If you are con­sis­tent­ly per­form­ing poor­ly at your job, your employ­er may fire you, even if you are on work­ers compensation.
  • Mis­con­duct: If you engage in any type of mis­con­duct, such as theft, vio­lence, or harass­ment, your employ­er may fire you, even if you are on work­ers compensation.
  • Down­siz­ing: If your com­pa­ny is down­siz­ing and your posi­tion is elim­i­nat­ed, your employ­er may fire you, even if you are on work­ers compensation.
  • Job aban­don­ment: If you miss work for an extend­ed peri­od of time with­out pro­vid­ing a valid rea­son, your employ­er may fire you, even if you are on work­ers compensation.

Workers’ Compensation Protects You from Retaliation

To under­stand and pro­tect your rights, you need to talk with a lawyer who can give you legal advice based on your par­tic­u­lar cir­cum­stances. If you are a vic­tim of retal­i­a­tion due to injury, you must seek legal help.

Work­ers’ com­pen­sa­tion laws in most states pro­tect employ­ees from retal­i­a­tion for fil­ing a work­ers’ com­pen­sa­tion claim. Retal­i­a­tion can take many forms, including:

  • Fir­ing or lay­ing off the employee
  • Demot­ing the employee
  • Deny­ing the employ­ee over­time or promotion
  • Dis­ci­plin­ing the employee
  • Deny­ing the employ­ee benefits
  • Fail­ing to hire or rehire the employee
  • Intim­i­dat­ing the employee
  • Reas­sign­ing the employ­ee to a less desir­able position
  • Reduc­ing the employ­ee’s pay or hours

If you believe that you have been retal­i­at­ed against for fil­ing a work­ers’ com­pen­sa­tion claim, you should con­tact a Work­ers’ Com­pen­sa­tion Attor­ney. You may be enti­tled to com­pen­sa­tion for your lost wages, med­ical expens­es, and pain and suffering.

How Can You Protect Yourself from Employer Retaliation? 

injured Construction worker

Here are some tips for pro­tect­ing your­self from retal­i­a­tion:
1. Keep a record of all com­mu­ni­ca­tions with your employ­er, includ­ing emails, let­ters, and phone calls.
2. If you are threat­ened or harassed, report it to your super­vi­sor or human resources depart­ment.
3. If you are fired or demot­ed, file a com­plaint with your state’s work­ers’ com­pen­sa­tion agency.
4. Con­tact an attor­ney to dis­cuss your legal options.

It is impor­tant to remem­ber that you have rights under work­ers’ com­pen­sa­tion law. If you have been injured at work, you should file a claim and seek the ben­e­fits that you are enti­tled to. You should also be aware of the poten­tial for retal­i­a­tion and take steps to pro­tect yourself.

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