Do I Qualify For Social Security Disability Benefits
Social Security Disability benefits are awarded to individuals who are considered disabled by the Social Security Administration guidelines. The SSA defines a disability as a condition that:
- Limits your ability to perform substantial gainful activity
- Has lasted, or is expected to last, for a continuous period of at least 12 months.
There are two types of benefits that you may qualify for in the event of experiencing a disabling, non-work injury: Social Security Disability Insurance and Supplemental Security Income .
While both require that you meet the minimum definition of disability, there are important differences between the two types of disability benefits. The main difference is how individuals qualify:
SSDI
- Requires enough earned work credits in the last 10 years
- Based on your work history and amount.
SSDI is based on a specific amount of work credits, which correlates to years you spent working in a job that contributed Social Security taxes. These credits could be earned on your own accord, or they could be based on the earnings of a spouse or parent.
- Strictly need-based program
- Requires you to have less than $2,000 in assets and extremely limited income.
Because SSI is centered on needs-based assistance, the qualifications for disability are related to situations where an individual does not have access to income or resources.
Ontario Employment Law During The Hiring Process
The hiring process is an important part of establishing an employment relationship. The Ontario Human Rights Code applies throughout the entire employment process, including the hiring processfrom reading a job posting to signing an employment contract.
Applying for a Job
Employers must base their hiring decisions on criteria and competencies required for a job. Therefore, job postings should outline specific requirements and competencies for the job. These competencies must not reflect areas of prohibited grounds of discrimination as per the Ontario Human Rights Code. For example, a job ad should not list Canadian experience as a requirement since this is not specific and may imply discrimination. Instead, the job ad should list specific requirements such as excellent oral and written communication skills.
When applying for a position, you should highlight your specific credentials, skills and experience that match the job requirements. It is also important to make sure that every detail of your resume is accurate and up-to-date. Be prepared to provide examples or proof of your skills and credentials. If you are hired and the employer discovers that something on your resume or application is inaccurate, that can be grounds for dismissal.
Interviewing for a Job
Employment Contracts
Unionized Employees
Do You Meet The Minimum Earnings Requirement
Virtually all states look at your recent work history and earnings during a one-year “base period” to determine your eligibility for unemployment. .
In Illinois, as in most states, the base period is the earliest four of the five complete calendar quarters before you filed your claim for benefits. For example, if you filed your claim in October of 2020, the base period would be from June 1, 2019 through May 31, 2020.
If you have been receiving temporary total disability payments under the Illinois Workers’ Compensation and Occupational Diseases Act, you may have low or even insufficient earnings during the regular base period to qualify for benefits. In this situation, the agency may allow you to extend the base period to capture up to one year of earnings before the regular base period began.
Illinois also recognizes an alternate base period for those who can’t meet the earnings requirements in the regular base period. The alternate base period is the last four completed quarters before the person files for unemployment. This alternate period takes more recent employment into account. Even filers who qualify using the regular base period can ask the agency to instead use the alternate base period to calculate their benefits, if that would result in a higher weekly amount.
During the base period, you must have been paid at least $1,600 total, and you must have been paid at least $440 of that total outside of your highest paid quarter.
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Examples When Injured Workers Can Collect Unemployment Benefits
There are some circumstances whereby injured workers can collect unemployment benefits. The best example I can think of is when an injured worker is declared as capable of working but havent obtained a job yet. Usually, once a vocational counselor determines that an injured worker can return to work, then time-loss compensation benefits are immediately terminated. However, finding that an injured worker can return to work doesnt mean they have a job to return too. When this happens, unemployment benefits can be a saving grace. They can provide the injured worker with some income and access to job search resources through WorkSource.
Most Injured Workers Fully Heal And Return To Their Same Job
The overwhelming majority of injured workers fully heal from their work-related injury or illness and return to their same job, as soon as their medical provider has cleared them to do so.
If this sounds like your situation, your return-to-work process is very straightforward. Simply:
- notify your employers workers compensation insurer when your medical provider says you are cleared to return to your job, and
- coordinate your return date and other details with your employer.
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% Increase For Employer Violation
If injury is caused by an employer’s violation of the “safe place” statute or of a safety order, or because of failure of an employer to reasonably enforce compliance by employees with a safety order, 15% increased compensation is payable to the employee or dependents up to a statutory maximum. When employees claim such violations, they should report accidents to the Worker’s Compensation Division which may make its own investigation.
Can I Collect Unemployment If Im Fired
There are some situations where you can receive unemployment after being fired. For example:
- If your employer fired you but did not give you a reason, then you may be able to collect unemployment.
- If your employer fired you because you were not a good fit, then you may be able to collect unemployment.
- If your employer fired you because you had difficulty performing the job, then you may be able to collect unemployment so long as you can show that you put forth good effort and tried to do your job well.
You will not be able to collect unemployment, however, if you were fired for failing a drug test, violating attendance policies, being insubordinate to supervisors, being rude to customers, violating safety rules, or lying about your criminal record and past work experience.
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Reporting A Work Injury Or Illness
An injured employee should report an injury or illness to their employer immediately. It is the responsibility of the employee to report the injury to a physician, supervisor, manager, human resources, or any individual or department that should receive the report of injury. If the employee is not able to report the injury directly, next of kin can report on their behalf. It is important to ensure the report of an injury or illness is documented. If an injured employee fails to report an injury or illness within 180 days, they may be disqualified from receiving workers compensation benefits.
Once an injury or illness has been reported to the employer, the employer has 7 days to report the claim to its insurance carrier and the insurance carrier has 14 days to report the First Report of Injury to the Industrial Accidents Division. The employer and its insurance carrier must provide a copy of the report to the injured worker. When a copy of the Form 122 is provided to the injured worker, a copy of the Injured Workers Rights and Responsibilities should also be sent to the injured worker.
Unemployment Benefits For Injured Workers
You are not eligible for unemployment benefits during any period that you are not able and available for work.
If you were injured on the job
If youre unable to work because of a workplace injury, contact the Department of Labor & Industries about workers compensation benefits.
When youre able to work again, if you cant return to your previous employer, you may be eligible for unemployment benefits using a temporary total disability claim while looking for a new job.
- If you were injured and received time-loss payments or crime victims compensation for at least 13 consecutive weeks, you must provide your Department of Labor & Industries claim number.
- If your on-the-job injury was covered by private insurance, provide your claim number, the name of the insurance carrier, and the name and phone number of the insurance claims manager.
If you sustained an injury that was not job-related
Once youre released for work, you may be eligible for unemployment benefits while looking for a job. To discuss your eligibility and claim options, call the unemployment claims center and speak to a claims agent .
- If you were unable to work for at least 13 consecutive weeks due to an injury or illness that occurred away from work, you must provide the date you were released by your doctor to return to full-time work.
Department of Labor & Industries resources
- Vocational Resources Support for providers of vocational services to injured workers
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How Do I Apply For Workers Compensation Benefits
To submit a claim under workers compensation insurance, simply notify your employer or your employers insurer of the injury. Keep a record to show that you notified them. Your employer must display its workers compensation insurers information in the workplace. If your employer does not have workers compensation insurance, then please visit the DIA website here to learn about filing a claim against the Workers Compensation Trust Fund.
Eligibility For Workers’ Compensation Insurance
- Protection for employees by the workers compensation system begins as soon as an employee begins work with an employer. Employees are entitled to workers compensation benefits for work injuries and illnesses even if an employee has only been on the job a short time or only working part-time.
- Workers compensation is a no-fault system. However, workers compensation does not cover intentional self-inflicted injuries. Disability compensation may be denied for injuries from alcohol or drug abuse. Disability compensation can also be reduced by 15% for willful failure to use safety devices or follow safety rules.
- Under Utah law, a fraudulent workers compensation claim for compensation or medical benefits is a crime and any employee found guilty of fraudulently receiving these benefits is subject to fines and incarceration
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Fired Employees Rights To Unemployment Benefits
In most situations, people can collect unemployment benefits if theyre fired from their jobs after suffering a non-work-related injury.
Workers are typically entitled to unemployment benefits if they are laid off. However, there are limitations on benefits if you were fired from your job for cause, meaning you were fired because of misconduct.
What Is The Difference Between Workers Comp And Unemployment
Workers compensation provides various benefits if you suffer an injury by accident arising out of and in the course of your employment or contract a disease related to your work. These benefits, which may include payment for medical expenses, cash benefits for wage loss or permanent disability, vocational retraining, and mileage reimbursement and transportation, are paid by your employer, either directly if it self-insured or through a workers compensation insurer such as Travelers or The Hartford. You can only receive these benefits if you prove a causal relationship between your injury and the work environment.
Receiving workers comp does not necessarily mean you are unemployed. Many of my clients return to their pre-injury employer, though some do not because their employer fired them, they resigned voluntarily as part of a settlement, or their injuries are catastrophic and they can no longer do the job they had at the time of the injury.
Unemployment benefits, on the other hand, provide temporary financial assistance if you lose your job through no fault of your own. Unemployment provides cash payments while you try to find another job but does not cover medical expenses. When you receive unemployment, you have severed all ties with your employer. These benefits are available regardless of whether you were hurt on the job or not, though you must be capable of performing some type of work to receive them.
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Personal Emergency Leave Effective January 1 2018
All employees are entitled to ten PEL days per year the first two being paid PEL days where the employee has been employed for at least one week . One week from the employment start date is when the employee is eligible for PEL, even if they have not actively worked more than one shift during this first week.
Advocate For Injured Workers
The Office of the Advocate for Injured Workers connects with workers who face challenges claiming workers compensation payments or medical benefits. The Advocates office also provides education to workers across the State about their rights in the workers compensation system and the benefits of returning to work and other best practices.
For information or assistance, email or call 632-4996.
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Will The Department Verify The Information Provided In A Uef Claim Application
Yes, the claim will be thoroughly investigated. In verifying information submitted in support of a claim for compensation, the department or its agent may share information related to a claim with other government agencies, including those responsible for tax collection, unemployment insurance, medical assistance, vocational rehabilitation, family support or general relief.
Final Settlement Of A Claim
If the WCB determines that the work-related injury or illness permanently prevents the worker from returning to his or her job or any other suitable occupation, the WCB can decide to issue permanent payments after a final settlement of the claim. A final settlement can also be made if the worker is able to work at any job, but not at the previous salary level. In these situations, permanent payments issued after a final settlement are not considered earnings for EI benefit purposes.
Note that although the WCB determines at a later date whether or not the injury or illness is permanent, this does not in any way alter the fact that temporary payments received or to be received in advance are considered earnings for EI benefit purposes.
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Employee Responsibilities For Pel: Required Notice
Employees do need to provide notice when taking PEL either prior to, or immediately after, taking the leave. PEL notice does not have to be in writing. Different forms of communication are permissible.
If an employee fails to provide notice, they are still eligible for the PEL.
Employees can be disciplined for not providing notice. If the employee does not provide reasonable notice, either before or immediately after, there can be appropriate discipline for the circumstance.
If You Are Injured On The Job Consult An Attorney
The legal requirements of workers compensation can be complicated, and insurance companies will take advantage of every loophole to pay you as little as possible. For this reason, if you are injured on the job, it is best to get an experienced workers compensation lawyer who can maximize your benefits. Most lawyers will offer a free consultation and work on contingency fees, which means you dont have to pay them until a settlement has been reached.
Even if you arent eligible for workers compensation, you may be entitled to a personal injury claim or disability benefits. If you have been injured at work, an attorney can evaluate your circumstances and discuss your options with you. To protect your rights, contact a workers compensation attorney as soon as possible after sustaining an on-the-job injury.
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Nc Workers Comp Attorneys Can Evaluate Your Claim Free
If youve recently been injured on the job and arent sure whether filing for unemployment or workers comp or both is best for you, please contact us online or give us a call toll free at .
We work on a contingency fee basis to help our clients figure out the best options for their situation, and we may be able to help you determine what course of action is most likely to keep food on the table and lights on overhead while you recover from your injury.
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Can You Collect Unemployment If You Are Out Of Work Due To Injury
If you suffer an injury while youre working, you may have to take some time off of work. Your injury or illness might cause you to have to stay home. That period might last longer than you would hope, because you really need to get back to work. You might think that applying for unemployment benefits is the solution because you wont be working. However, the situation may be more complicated. Unemployment benefits are for people who have lost their job. If you are injured, in most cases youre simply temporarily not working. There are situations where you can you collect unemployment if you are out of work due to an injury.
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What Happens If You Get Injured And Cant Work
If youve had a severe accident, you may think about what happens if you get injured and cant work. That depends on where and how you were injured. If you were injured while working, you may be able to have your wages partially replaced and get medical care through workers compensation. If your injury was outside your job and caused by another party, you may have a personal injury claim that could replace your wages, pay for your healthcare, and provide additional compensation.
If youre injured on the job and cant work, you should be able to file for workers compensation benefits. A successful claim will replace two-thirds of your wages plus pay for medical care and rehabilitation. If you lost the use of a part of your body, you might get payment, depending on which body part is injured.
If you cant work because of an injury due to an accident caused by another party, you may have a personal injury claim. If negligence by that person, organization, or company can be established, there may be insurance coverage to pay for it. If the parties cant agree on a settlement, the issue could be decided at trial.
In either case, a private disability insurance policy may be a source of income. You also may qualify for Social Security Disability benefits if youre too disabled to work for at least a year. If youre unemployed but cant work because of an injury, you wont qualify for unemployment benefits.
