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Compensation Disability Rate

Knowing your rate
Most states have enacted laws providing compensation disability rate to employees for injuries sustained while in the performance of their duties. The increasingly complicated field of worker’s compensation law has made it more important to insure that an employee’s recovery is maximized given the different types of benefits that a worker is eligible for. In some cases, workers may receive some compensation for accepting accident risk in the form of higher wages for more dangerous jobs. Workers then do have limited opportunities to use these higher wages to buy accident that may cause disability or life insurance, or pay premiums into benefit societies. Now the problem that will arise is that it would take quite a few years to save enough and to cover the losses of an accident. Additionally, employers who offer long term disability programs, especially those that are self-insured should also be concerned about the shifting cost of paying for disability benefits, hence, they should require eligible workers to apply and receive Social Security Disability benefits. This in turn will be advantageous to both the worker and the employer.

In general, you can receive Social Security disability benefit if you have an injury or illness that is expected to keep you out of work for at least one year. If you qualify for both worker’s compensation benefits and Social Security disability benefits, your worker’s compensation benefit will be paid in full rate while your Social Security disability benefit will be paid in a reduced compensation disability rate. Your combined disability benefit should not exceed eighty (80) percent of the income you were receiving before you stopped working.

In most instances, the Social Security Administration will refuse to increase your compensation disability rate even if you are no longer receiving worker’s compensation benefit. This is because the Social Security Administration usually treats a worker’s compensation benefit as a replacement for periodic benefits. Hence, the Social Security reduced compensation disability rate becomes a very essential issue when a worker’s compensation claim is settled. For this reason, it is important to have a lawyer by your side when you are considering filling for a Social Security disability benefit. A lawyer who has an extensive knowledge and experience in the often complex processes claiming for Social Security benefits will be able to help you understand your rights and the legal options available to you. You would feel more confident of your claim when you have a lawyer to help you. So contact then as soon as you can. The sooner you talk with an attorney, the sooner they can start with your case.
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