Good advice fom Mr. Wayson. But - do not delay. Depending on how long it has been since you had any involvement with workers comp, that case may be closed. And, with Social Security (assuming you are not currently employed and will be off work for 12 months) - file right away. The date of application for SS benefits decides when you can get paid (the month after applying for SSIS, one year before date of application for SSDI). So, time is very important.
Good luck to you.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
You should do both. File for SSD and consult with a WC attorney about the possibility of reopening your WC case. The two paths are not mutually exclusive.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
I would only add to the above excellent answers that if your WC accident was 20 years ago and if your 10% rating was 20 years ago the time periods may have expired on any more claims for compensation for this injury. For medical care you would have to have a doctor relate your current medical needs to that I jury 20 years ago. I base this opinion on doing WC law in Virginia for 38 years.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.