Can I apply for disability on workers comp?

Asked 11 months ago - Tampa, FL

I am out of work due to a traumatic brain injury on the job. My job is saying I quit and they don't owe me workers comp pay. Can I apply for social security disability after 3 months without work and not being able to return to work, at least at this point?

Attorney answers (5)

  1. Jeffrey Marc Friedman

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    Answered . If you were injured on the job and your employer does not offer you a light duty work then you can seek lost weight benefits. These cases are very fact specific as to both the job and the work restrictions so you should really consider the workers compensation attorney. To answer your other question, yes you can file for Social Security disability if you are unable to work

  2. John M Connell

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    Best Answer
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    Answered . You can, and should, apply for social security disability. There is a waiting period that will apply but by the time they make a decision you will be past that and could get benefits if you are not able to work at any job.

    Most people get denied at the first level, so be prepared to file an appeal of the initial decision, and do that right away because the time to wait for a hearing is 8-13 mos in most areas of the country. You should talk to an attorney that does a lot of these cases if you have to appeal.

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  3. David Scott Bromley

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    Answered . I agree with Mr. Connell that you can apply for SSD while on workers' comp. However, many factors need be be considered as to whether or not you would have a good chance of getting SSD benefits. I strongly suggest that you contact an attorney that handles not only SSD claims, but also workers' compensation claims as it appears you have an issue with your employer. Good luck!

    Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are... more
  4. David J. McCormick

    Contributor Level 20

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    Answered . Talk with a local worker’s comp. attorney ASAP. Most offer free initial consultations.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. David J McAuliff

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    Contributor Level 13

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    Answered . Yes, you can apply for social security disability while you have an open workers' compensation claim. It also sounds like you should talk to a workers' comp attorney about temporary disability benefits. Try the link above for Find a Lawyer.

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