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Disability

Definition - What does Disability mean?

A disability is any medical, psychological, or psychiatric impairment which lowers an individual's functional ability to perform work or normal daily activities.
Individuals who have been injured due to the negligence of another person or entity may have the legal right to file a personal injury claim to recover loss from their injuries. If an injury results in pain and suffering, wage loss, or high medical expenses the injured party may sue for damages to recover compensation for their losses.

Can I get SSDI benefits for my disability?

If a disability causes an impairment which is expected to last 12 continuous months and does not allow the individual to work they may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) which is offered by the Social Security Administration and is in addition to the award they recovered with their injury claim.

There are, however, several requirements to qualify for SSDI or SSI. For instance, claimants who can retrain for light or sedentary work may not be considered disabled, even if they cannot perform their previous job. Workers who have not worked and earned enough work credits also will not qualify for SSDI, regardless of their disability. Contact the SSA if you have more specific questions.

Disability and workers' compensation

Workers who become disabled due to an injury they suffered at work may qualify for workers' compensation. Workers generally do not have the right to sue their employer for a work injury unless their injuries were caused by a third party.

Workers who are injured at work due to a third party product may have the right to file a personal injury claim against the third party. For instance, if a worker is driving a forklift and the forklift is defective and causes injury, the worker may be able to sue the manufacturer of the forklift.

If a worker receives workers' compensation and other public disability benefits, such as SSDI, the total amount of these benefits "cannot exceed 80 percent of your average current earnings before you became disabled."

Compensation for disabilities

Injuries which cause disabilities can be very expensive. There are a variety of personal injuries which can result from accidents including broken bones, back injuries, neck injuries, and soft tissue damage.

Compensation for disabilities can include medical care related to your disability, any missed time at work or loss of income, payment for permanent physical disfigurement, payment for emotional damages, and any other pain and suffering.

To determine how much the injured party should be paid the insurance agent will total all of the medical costs related to the disability. They will then use some type of multiplier against any other special damages and add that total to the amount of lost wages. This amount is a starting settlement offer which can be challenged by your lawyer until a suitable settlement amount is offered.

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