Work-related injuries can be physically, emotionally, and financially devastating. While many individuals are fortunate enough to recover fully from their injuries with appropriate medical treatment and rehabilitation, there are instances where recovery may not be achieved.
In such cases, it's essential to understand the options available to individuals facing long-term or permanent disability as a result of a work injury. In this blog, we'll explore what happens if recovery isn't achieved from a work injury and the various avenues for support and compensation.
Medical Treatment and Rehabilitation
If recovery from a work injury is not achieved, medical treatment and rehabilitation remain critical aspects of care. Physicians and healthcare providers will continue to assess the individual's condition and recommend appropriate medical interventions to manage symptoms, improve function, and enhance quality of life.
Rehabilitation services such as physical therapy, occupational therapy, and vocational rehabilitation may also be recommended to help individuals adapt to their new circumstances and regain independence to the greatest extent possible.
Workers' Compensation Benefits
Additional workers' compensation benefits may be available to individuals who are unable to recover from a work injury, especially if their symptoms worsen. These benefits typically include compensation for medical expenses, lost wages, and vocational rehabilitation services. Obtaining additional benefits, however, would require re-opening your claim. This can be difficult to do without an experienced workers’ comp attorney.
Disability Benefits
In cases where recovery from a work injury is not possible, individuals may be eligible for disability benefits to provide financial support.
Disability benefits come in various forms, including short-term disability, permanent disability, and Social Security Disability Insurance (SSDI). These benefits are designed to replace a portion of lost income due to disability and help individuals meet their financial obligations, such as housing costs, medical expenses, and daily living expenses.
Social Security Disability Insurance (SSDI)
SSDI is a federal program that provides financial assistance to individuals who are unable to work due to a disabling condition, including work-related injuries. To qualify for SSDI benefits, individuals must meet certain eligibility criteria, including having a qualifying medical condition that prevents them from engaging in substantial gainful activity (SGA) and having a sufficient work history and payment of Social Security taxes.
Vocational Rehabilitation
Vocational rehabilitation services may be available to individuals who are unable to return to their previous job due to a work injury. These services aim to help individuals develop new skills, explore alternative career options, and secure employment that is compatible with their abilities and limitations. Vocational rehabilitation counselors work closely with individuals to assess their strengths and interests, identify suitable job opportunities, and provide training and support to facilitate successful reintegration into the workforce.
Alternative Legal Options
In cases where a work injury results from the negligence or misconduct of a third party, individuals may have legal recourse to pursue additional compensation through a personal injury lawsuit.
For example, if a work injury is caused by a defective product or the negligent actions of a subcontractor on a construction site, the injured individual may be able to file a personal injury claim against the responsible party to seek compensation for damages not covered by workers' compensation benefits.
Contact an Experienced Lawyer for Help
Facing the reality of not recovering from a work injury can be daunting, but it's important to know that there are options and resources available to provide support and assistance. Our experienced workers’ comp attorneys at Smolich and Smolich can provide the representation you need to move forward and seek the resources you now require.
Learn more during a free consultation. Contact us today to request one.