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When are Other Means of Compensation Needed?
Employees with sufficient work history, having paid into the social security system, are entitled to social security disability benefits if they are unable to find and hold a regular full-time job in the open labor market. They must have been off work for six months with the expectation of being off for at least six more. But they must apply. Such benefits do not come automatically. Most are turned down initially and must appeal. There are deadlines.
It is common for a seriously injured worker to be entitled to both worker’s compensation and social security benefits. There can be a setoff between the two if the sum of the two benefit checks is too high. An experienced attorney can minimize or eliminate that problem.
Two years after becoming disabled, an injured worker may become eligible for Medicare health benefits. Before that time, they may be entitled to Medicaid benefits.
If an injured employee has collected either Medicaid or Medicare benefits or is expected to do so in the future, CMS (The Center for Medicare/Medicaid Services) can require that money be set aside for future medical treatment before the worker is permitted to settle their worker’s compensation case. Further, CMS may require a worker to repay Medicare or Medicaid for bills they paid in treating the work injury.
Sound complicated? It is. And there are penalties if you get it wrong. Don't try to do this on your own.
Getting Everything You’re Entitled To
Keefe & Griffiths, PC will maximize your benefits, taking into account SSD, SSI, Medicare, Medicaid, FMLA, unemployment compensation, long- and short-term disability, union benefits, and private health insurance. We can guide you through the difficult and confusing maze of laws and plans that affect your workers’ compensation case.
The company doctor’s disability rating is not binding on anyone.
All Cases Handled on a Contingency Basis
You do not pay a retainer or advance expenses. Our fee is a percentage of what we recover for you. When you get paid, we get paid. Call Keefe & Griffiths, PC at 314.241-7243 or contact us online.