Colorado Springs Law Blog

Workers' compensation benefits serve as an important protection for injured workers. Workers' compensation benefits generally preclude an injured worker from bringing a claim for damages against an employer following a workplace accident, so it is essential or injured workers to be familiar with what types of injuries are covered by workers' compensation benefits.

Workers' compensation may be available for pre-existing conditions that have been aggravated in the workplace, such as a pre-existing back injury. Additionally, workers' compensation benefits may also be available for injuries suffered at company facilities, such as in the company lunchroom, or injuries caused during breaks, lunchtime hours or work-related activities. In some circumstances, injuries resulting from mental and physical stress and strain caused by work may allow the injured worker to seek workers' compensation benefits.

Many Social Security Disability applications are initially denied, which is why applicants should be familiar with the appeals process. There are several levels of appeals available when an application for Social Security Disability benefits has been turned down, and disabled individuals seeking benefits should be familiar with each.

The initial level of the appeals process is a request for reconsideration. During the request for reconsideration process, a new reviewer, other than the person who originally reviewed the application, will review it so that a fresh set of eyes evaluates it. If the claim remains denied, the next level of appeal is a hearing before an administrative law judge. It is important to make sure the applicant is prepared for the hearing beforehand.

For disabled individuals who may want to consider the possibility of returning to work, they may have concerns about the impact that could have on their Social Security disability benefits. Fortunately, the Social Security Administration provides options to help disability recipients considering returning to the workplace and resources to address these concerns.

In some circumstances, recipients of Social Security disability (SSD) benefits may want to test the waters to see if they are able to return to work. In those circumstances, the Social Security Administration (SSA) provides work incentives and a Ticket to Work program. Disabled individuals may not know what work they will be able to perform or if they will be able to perform any at all.

There are different ways that a disabling medical condition may be established to satisfy the Social Security disability (SSD) requirements to qualify for SSD benefits. Because disabled applicants can sometimes face challenges associated with the application process for Social Security disability benefits, it is helpful to be familiar with the options available.

The Social Security Administration maintains a list of impairments that can qualify for SSD benefits, however, just because the disabled applicant's medical condition is not on the list does not mean that they may not be able to obtain benefits. They may also be able to establish the disabling medical condition they suffer from, which prevents them from working, through their medical records which is why it is important to understand the application process and that the medical condition is carefully documented.