Legal Question in Workers Comp in Alabama

Can i draw workmens comp until i get ss, disability started,

I got hurt on my job while helping a patient. I am reciving workmens comp right now. I have signed up for SS'disability but it will take up to eighteen months to recieve it. my question is, can i get workmens comp until i get SS'disability started. I had a rotater tuff tear and had

surgery in 2001.


Asked on 4/14/02, 5:02 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Can i draw workmens comp until i get ss, disability started,

You should receive Temporary Total Disability (TTD) payments while you are off work. TTD equals 2/3 of your Average Weekly Wage. Once the doctor puts you at Maximum Medical Improvement (MMI), the workers comp will be cut off. At that time, if you can go back to work making what you were making, you will only be entitled to compensation based upon the doctor's impairment rating (I'm assuming you cannot go back to work if you are seeking SS). If you cannot go back to work, you need an vocational evaluation to determine your disability rating. Based upon that rating, it would be determined what type of compensation you could receive. Unless you can prove you are 100% disabled in Alabama, the most you could receive for compensation is the present value of $66,000.00 ($220.00 maximum compensation rate times 300 weeks of compensation). PLease call me if you have any further questions (205) 254-3927.

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Answered on 4/15/02, 7:51 am


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