The Difference Between Workers’ Compensation and Disability

Difference Between Workers’ Compensation and Disability: What Georgia Workers Need to Know

In Georgia, many employees wonder about the difference between workers’ compensation and disability. Understanding how these benefits work can protect your rights if you suffer a work-related injury or have a medical condition that affects your job.

In this blog, we explain the difference between workers’ compensation and disability, highlight key benefits, and discuss how working with an experienced Atlanta workers’ compensation attorney can help injured workers protect their rights and secure the financial support they deserve.

What Is Workers’ Compensation in Georgia?

Workers’ compensation is a system that helps employees when they get injured or sick from work-related causes. In Georgia, workers’ compensation laws ensure that workers receive medical and financial help when they suffer job-related injuries.

Definition Under Georgia Law

Workers’ compensation in Georgia is defined by the Georgia Workers’ Compensation Act (O.C.G.A. § 34-9-1 et seq.). It covers injuries or illnesses that happen while an employee is performing work tasks. The law says that businesses with one or more employees must have workers’ compensation insurance.

Covered Benefits

Workers’ compensation benefits include medical expenses, lost wages, and permanent disability payments. Injured workers receive coverage for medical treatment, including hospital bills, prescriptions, and therapy. Wage replacement benefits support workers who cannot work because of a work-related injury or illness. Permanent disability benefits are paid if the injury results in permanent loss of function.

Eligibility and Filing a Claim

To get workers’ compensation, an injured employee must show that the injury happened on the job. The worker must report the injury to the employer within 30 days. The worker can then file a claim with the State Board of Workers’ Compensation.

Medical Treatment and Maximum Medical Improvement

Workers’ compensation pays for medical treatment until the worker reaches maximum medical improvement. This means the worker has healed as much as possible. Workers’ compensation insurance pays for the medical costs during this period.

Role of a Workers’ Compensation Lawyer

A workers’ compensation lawyer helps injured workers file claims and fight for benefits. A lawyer can make sure the insurance company pays for medical care and lost wages. If a claim is denied, the lawyer can appeal the decision.

What Is Disability Insurance?

Disability insurance pays workers when they cannot work because of an injury or illness that is not job-related. It provides a way to replace lost income and cover basic living expenses during this time.

Private Disability Insurance

Private disability insurance is often bought through an employer or directly from an insurance company. It pays a portion of lost income if a worker cannot do their job because of a medical condition. Private policies can include short-term disability insurance and long-term disability insurance. Short-term disability insurance usually covers a few weeks to a few months, while long-term disability insurance covers longer periods.

Social Security Disability Insurance

Social Security Disability Insurance, known as SSDI, is managed by the Social Security Administration. It provides benefits to workers who have paid into the Social Security system and have a medical condition that stops them from working. SSDI pays monthly disability payments to those who qualify. Eligibility depends on work history and the severity of the medical condition.

What Disability Insurance Typically Covers

Disability insurance benefits help replace a worker’s income when they cannot work. The payments can be used for medical bills, rent, groceries, and other living expenses. Disability insurance does not cover medical treatment itself. It pays for financial support so the worker can manage daily expenses.

Difference from Workers’ Compensation

Disability insurance is different from workers’ compensation. Workers’ compensation only covers job-related injuries or illnesses. Disability insurance pays benefits for medical conditions that happen outside of work. It is a separate policy from workers’ compensation insurance.

Key Differences Between Workers’ Compensation and Disability

Understanding the key differences between workers’ compensation and disability helps injured employees choose the right support.

Source of Benefits

Workers’ compensation benefits come from an employer’s insurance coverage. Disability benefits usually come from a private insurance policy or the Social Security Administration. This means workers’ compensation insurance covers work-related injuries, while disability insurance pays for injuries or illnesses not connected to work.

Type of Injury or Illness

Workers’ compensation pays for injuries and illnesses that happen at work. Disability insurance pays for medical conditions that are not work-related. For example, if an employee suffers a workplace injury, workers’ compensation covers medical bills and lost income. If an employee develops a serious illness not linked to work, disability insurance covers income replacement.

Covered Expenses and Payments

Workers’ compensation covers medical treatment, lost wages, and permanent disability payments for job-related injuries. Disability insurance pays for lost income but does not cover medical treatment. Social security disability insurance (SSDI) also pays long-term disability benefits for non work-related medical conditions.

Filing and Eligibility

Filing a workers’ compensation claim involves notifying the employer and submitting paperwork to the State Board of Workers’ Compensation. Filing a disability insurance claim involves sending documents to the insurance company or the Social Security Administration. Each process has its own requirements and deadlines.

Coordination of Benefits

In some cases, injured workers may qualify for both types of benefits. Workers’ compensation covers work-related injuries, while disability insurance can pay for other public disability benefits. Workers need to understand how these payments work together to avoid issues with insurance coverage.

Understanding the Intersection: When You May Be Eligible for Both

Sometimes, workers might qualify for both workers’ compensation and disability benefits if certain conditions are met.

Work-Related Injury with Additional Disability

Workers’ compensation covers medical expenses and lost wages for a work-related injury. However, if an employee already has a disability before getting hurt at work, they may qualify for disability insurance benefits, too. This situation might happen when a pre-existing condition is made worse by a workplace injury.

Social Security Disability Benefits

An injured worker can also apply for Social Security Disability Insurance (SSDI) if their injury prevents them from working for a long period. Social Security disability benefits help workers who cannot return to work because of a serious medical condition. These benefits are separate from workers’ compensation insurance but can help cover living expenses.

Coordination and Offsets

When workers get both types of benefits, insurance companies and the Social Security Administration may reduce payments to prevent double payments. Workers should know how benefits coordinate and how offsets can affect what they receive. Talking with a workers’ compensation lawyer helps protect rights and ensures the correct amount of disability payments.

Seeking Help for Complex Cases

When workers have both a workers’ compensation claim and a disability insurance claim, the process can involve many steps. A workers’ compensation attorney can help gather the right medical records, work with insurance companies, and explain how benefits cover medical costs and lost income. This support helps injured workers get the financial support they need.

Contact an Experienced Atlanta Workers’ Comp Lawyer Today!

If you need help understanding the difference between workers’ compensation and disability or need to file a claim, reach out to our team at Workers’ Compensation Lawyers Atlanta. We are ready to answer your questions and support your case.

Contact us at 470-518-5026 for a free case consultation!