Most workers who sustain work-related injuries in the state of Oklahoma are entitled to workers’ compensation benefits. But, does an injured worker lose his right to workers’ compensation if he is receiving other types of benefits at the same time? It depends. Here’s what you need to know about how other benefits can impact workers’ compensation benefits:
Workers’ Compensation and Unemployment Benefits
An employee who is unable to work as a result of their injuries may qualify for unemployment benefits in addition to workers’ compensation benefits. But, if you are awarded unemployment benefits, they can reduce your workers’ compensation benefits.
According to OK Stat § 85A-49 (2014), an injured worker is not eligible for temporary total disability benefits during any week where he also receives unemployment benefits. It’s important to keep this in mind when deciding which benefits to apply for after an injury.
Workers’ Compensation and Social Security Disability Benefits
Many people with serious, long-term work-related injuries qualify for both workers’ compensation and Social Security disability benefits. It is possible to receive both types of benefits at the same time, but the benefits may be reduced. According to the Social Security Administration (SSA), the total amount of workers’ compensation and disability benefits awarded to you cannot exceed 80% of your average earnings. If it is higher than 80% of your average earnings, the SSA will reduce your disability benefits to keep you under this limit.
Workers’ Compensation and Other Health Benefits
Sometimes, an injured worker is compensated through the workers’ compensation system in addition to another insurance plan or policy. If someone is compensated through another insurance plan or policy, such as a group healthcare service plan or group disability policy, his workers’ compensation benefits will be reduced by the amount he received through this other form of coverage.
For instance, let’s say you sustain a work-related injury and are awarded $1,000 to treat these injuries through a group healthcare service plan. In this scenario, your workers’ compensation benefits will be reduced by $1,000 so you are not compensated twice for the same medical services.
However, there is one exception. This rule does not apply to group disability policies that are paid for by the injured worker.
If you have been injured at work, it’s in your best interest to contact Armstrong & Vaught, P.L.C. at once. Let our attorneys fight to ensure you are fairly compensated for your work-related injuries. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.