If you are injured and unable to perform your job, you could be entitled to several types of financial support, including workers’ comp and disability. What is the difference between the two? Keep reading to learn more. If you have questions about your benefits when you are injured, our Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C., can assist you.
Workers’ Comp vs. Disability Benefits
Most employers in Illinois are required to offer workers’ comp insurance, including Six Flags Great America and the Volo Museum in Lake County, Illinois. Workers’ comp allows you to receive partial benefits when you are hurt on the job. While you will not receive your full salary, you can usually qualify for workers’ comp even if you were at fault. However, you cannot sue your employer for damages.
On the other hand, Illinois disability benefits offer weekly benefits if you are hurt when you are not at work but cannot do your regular job. The significant difference with workers’ comp is you are covered for illnesses and injuries for which your company would be liable. An example is carpal tunnel syndrome for people who work in an office. Disability benefits are not paid for by your company but can still provide some lost income.
You could be eligible for state disability and workers’ comp, depending on if your disability payments are higher than workers’ comp. If your company disputes if you should get workers’ comp, Illinois may provide you with disability payments until the matter is resolved. At that point, the state of Illinois would want its money back from your company or its insurance provider.
Worker’s comp offers temporary benefits until your injury or illness is possibly considered permanent. At that time, you may be eligible for permanent disability payments. However, benefits for state disability are only paid for up to one year from the date of injury.
Can You Get Workers’ Comp And Disability Simultaneously?
Technically, you may receive workers’ comp in addition to Social Security disability and private disability. However, your SSDI benefits payment will be reduced if you take workers’ comp. If you receive workers’ comp, the usual rule followed by the Social Security Administration is your combined benefits cannot be more than 80% of your average current wages before you were hurt.
What About Receiving Workers’ Comp And Unemployment Simultaneously?
This does not usually happen. For example, you are probably not eligible for unemployment benefits while getting temporary disability via workers’ comp in Illinois. But if your physician reports that you cannot return to work, you could get unemployment if your company states it does not have suitable work available.
Talk To Our Lake County Workers’ Compensation Attorney Now
If you have been injured at work and cannot pay your bills, you probably wonder if you qualify for workers’ compensation or disability benefits. To understand your rights, it is vital to speak to a Lake County workers’ compensation attorney at The Law Offices of Robert T. Edens, P.C Please contact us at (847) 395-2200 today. Our attorneys also serve the communities of Palatine, Chicago, Waukegan, Libertyville, and Woodstock.