Social Security Disability and Workers’ Compensation in Florida

Workers’ compensation and Social Security disability are programs that pay benefits to disabled workers, but they differ in many ways. If you were injured on or off the job and are unable to work, you may be able to receive benefits through one or both of these programs.

The Clearwater Social Security disability and workers’ compensation lawyers with Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you determine which programs you’re eligible for and help you seek benefits. Contact our office today at (727) 349-1728 for a free consultation.

How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help Your Social Security Disability and Workers’ Compensation Case in Clearwater, FL 

How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help Your Social Security Disability and Workers’ Compensation Case in Clearwater, FL 

We are proud to be the first law firm in the Tampa Bay area to practice personal injury law exclusively. Our Clearwater personal injury attorneys have received numerous recognitions, including: 

  • An AV rating from Martindale-Hubbell
  • Three attorneys are board-certified by the Florida Bar Association, a distinction held by less than 2% of all Florida lawyers
  • Three attorneys have been selected as Super Lawyers 
  • Three attorneys have been selected as Super Lawyers Rising Stars

Our attorneys have over 300 years of collective legal experience. To date, we’ve helped our clients recover over $675 million. We’ll put our expertise to work, fighting for you to get your desired results.

Schedule a free consultation with one of our Clearwater injury attorneys to discuss the potential compensation in your case.

What’s the Difference Between Social Security Disability and Workers’ Compensation? 

While Social Security disability and workers’ compensation share similarities and sometimes overlap, they are also different. Let’s examine these two programs more closely. 

Workers’ Compensation

Workers’ compensation provides benefits to individuals who are injured at work or develop a work-related illness.

Workers’ compensation may cover medical bills, a portion of lost wages, and death benefits. It may pay disability benefits if the worker suffered permanent injuries or cover retraining if they can no longer do their past work. 

Generally, employers with four or more employees in Florida must have workers’ compensation, though some exceptions exist. 

In Florida, an injured worker is eligible for benefits on the eighth day of their disability. If their condition lasts more than 21 days, the worker can recover compensation for the first seven days of disability.

Social Security Disability

Social Security disability is available to individuals who are no longer able to perform substantial gainful activity—or work—because they suffer from a medically determinable impairment. 

Social security disability differs from workers’ compensation in several ways. Unlike workers’ compensation benefits, the injury or illness does not need to be work-related to receive benefits. Further, an individual must have a significant work history to qualify for Social Security disability benefits. Finally, to receive social security disability, your impairment must be expected to last for one year or longer or result in death.

Can I Receive Social Security Benefits and Workers’ Compensation?

You could qualify for both social security benefits and workers’ compensation. If this happens, you can receive both benefits, but your amount may be reduced. In Florida, the total compensation you receive from social security disability and workers’ compensation cannot exceed 80% of your average weekly wages when you were working. 

How Much Does It Cost To Hire a Social Security Disability and Worker’s Compensation Attorney in Clearwater, FL?

Personal injury lawyers, as well as social security disability and workers’ compensation lawyers, typically work for a contingency fee. However, statutes limit the amount an attorney can charge for these cases.

A contingency fee is only collected if the attorney successfully recovers compensation for the client. In the social security context, an attorney typically receives 25% of your first check but at most $7,200. In Florida workers’ compensation cases, the attorney can collect 20% of your first $5,000, 10% of the next $5,000, and 10% of the remaining benefits received over the next ten years. 

These fees may seem complicated, but the bottom line is that you do not have to pay legal fees upfront, and you only pay them if you receive compensation. Contact our office to discuss our contingency fee policy in more detail. 

Contact Our Florida Social Security Disability and Workers’ Compensation Attorney for a Free Consultation

If you suffered an injury or illness, work-related or not, that prohibits you from working, you may be entitled to social security disability, workers’ compensation, or both. These programs have different requirements, deadlines, and procedures that can be tricky to navigate. 

Our dedicated personal injury lawyers will help you understand the complexities of these programs and fight for you to receive maximum compensation. 

Contact our office in Clearwater, FL, to discuss your case with a member of our team. Your initial consultation is free.