Legal Question in Workers Comp in Florida
3 years in WC-not able to work- do I have the right to get SS disability benefit
I have been in workers compensation for the last 3 years since March 17, 2002, I have not worked because my industrial accidente. I had the 1st accident in January 2000- have developed tarsal tunnel, possibly RSD- this accident was not a lost time case and the carrier is diferrent from the other 2 accidents, (eventhough, three cases are merged, there are 2 different carriers). 2nd accident, July 2001 (Lumbar back)not a lost time. Third and last March 17 2002 (same carrier as the accident in July 2001, Cervical, thoracic and lumbar back hernias, sleeping apnea, reaction to cortizone, fast heart beat, narcotic intoxication) this one is the lost time case and since that accident in March 2002, I have not been able to return to work. I have not settled but, a friend told me that my attorney could apply to get me social security disability. It's that accurate? Please, help. Both carriers want to settle on January 17, 05. I am not receiving treatment since last year for my multiple back herniated discs and the last alternative for my feet is a third surgery. In any case I have reached Maximum Medical unimprovement because I am more disable now than 3 years ago. Thanks and Happy New Year 2005
2 Answers from Attorneys
Re: 3 years in WC-not able to work- do I have the right to get SS disability ben
You may be entitled to social security disability benefits, but that is separate from workers'compensation benefits. One thing you never mentioned is whether you are currently represented. I ask that because you should not try to settle your case, in light of the severity of your injuries, without legal representation. Rest assured, the insurance company will be there with their attorneys. I strongly suggest you obtain a qualified workers' compensation attorney as soon as possible. If you wish to contact my office, please do so at 800-884-0888.
Steve Renick
Re: 3 years in WC-not able to work- do I have the right to get SS disability ben
If you are unable to work due to your inuries, you certainly can apply for SSDI. If you are awarded benefits, you will also become eligible for Medicare after 24 months of SSDI eligibility. However, this could add complications if you do decide to settle your case in the future. You may have to have CMS, the federal Medicare agency, review and approve your settlement.
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