The basic characteristics of a good law are that it serves the interest of the people, should not discriminate nor suppress the people.
Anchoring on these, several benefits system was established by the law, backed by the coercive authority to protect the rights of the citizens. Some of the benefits laws are; personal injury law, social security and disability law (SSD), and the worker’s compensation.
These social welfare programs legitimate under the law are unarguably similar, but each is unique in its own way. Disparities also exist among them.
What is workers compensation?
Workers compensation also known as work injury compensation is a system of benefits established by law that provides cover for employees who have been injured while working. Think of it as an insurance policy that your employer pays to cover you in case you get injured at work. If you are injured while working, the compensation of the employee is based on the assumption that your injury results from your employment, your lost wages, and medical expenses, regardless of whose fault the injury is. However, because employers are required to take out compensation for employees, the law prevents employees from suing their employers for most of the injuries they sustain during their work. Although there are some exceptions to that rule, for the most part, you cannot bring a lawsuit against your employer for an accident at the workplace.
How does it work?
Employers have three basic ways of obtaining the necessary compensation for workers: state insurance, private insurance, and auto insurance through insurance pools. The latter option – the recovery of claims for workers’ compensation claims rather than the purchase of insurance – provides for cost savings for safety-conscious companies. In the countries that allow this, many large employers are now self-insured, and many small businesses form groups to assure themselves and reduce risks.
Group self-insurance plans are worth considering for small businesses with above-average safety standards in the work area. Such plans work best when the companies involved are in the same or a similar industry, so their risk is about the same. Companies can then merge to purchase stop-loss coverage to protect themselves from claims over a certain amount. Although self-insurance may be cheaper than private workers’ compensation policy, small businesses should ensure that they have the financial resources to withstand potential losses.
By agreeing to receive employee compensation, employees also agree to sue their employer for negligence. This “compensation agreement” is intended to protect both employees and employers. In return for a guaranteed compensation, workers usually give further redress, while employers agree to a certain amount of liability while avoiding greater harm through a large-scale negligence action.
What is social security disability law?
The Social Security Disability Act is composed of the rules governing who qualifies for disability insurance (SSDI) and supplementary insurance (SSI) benefits and how much money they receive. Because these programs are run by the federal, state and local laws, do not apply in it. The rules can be found in the Social Security Act, as contained in Title 42 of the US Code, and in the published regulations and regulations of the Social Security Administration (SSA).
There are several rules and requirements that you must meet in order to be eligible for social security disability. To qualify for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits, you must be financially and medically eligible. The Social Security Administration (SSA) examines the medical issues (i.e., whether your illness or injury is a disability) as well as legal/financial issues (that is, whether you have earned enough credit for SSDI or have sufficient income and assets SSI) and determines if you meet the rules and requirements.
How it works
One of the most important rules for disability in social security is that your medical disability must have lasted for at least one year or is expected to be eligible for benefits. Social Security has no temporary disability benefits.
If you are legally / financially earning a certain amount of money per month (referred to as a “substantial gainful employment” or SGA level), you are considered gainfully employed and are therefore not eligible for disability benefits. In 2019, the SGA level will be $ 1,220 per month.
In general, you can work and earn up to that amount when you apply for disability benefits. In addition, you must be insured for SSDI under the Social Security Insurance Program. This means that you have paid the required number of years of tax into the system and your insurance has not expired because you are not working for too long. The work requirements for a social security disability are somewhat stricter than those for social security or Medicare retirement. The work requirements vary according to age. One must have worked at least eight years to be eligible for benefits, and five of those years must have occurred within the last decade.
What is personal injury?
The Personal Injury law, also known as tort law allows injured claimant compensation if a negligent or intentional act by another person causes harm to the claimant. There are several situations that can lead to personal injury, although not every situation in which someone is injured will lead to liability. Situations that come under the jurisdiction of personal injury acts are; accidents, medical malpractice, libel and sedition, all kinds of assault and even dog bites.
Most cases of bodily injury are based on the teaching of carelessness. Negligence essentially requires every member of society to act responsibly and not endanger others. This does not mean that every time someone gets hurt negligence arises. The teaching recognizes that some accidents are inevitable. In order to establish liability, the claimant must demonstrate that a reasonably prudent person in the defendant’s position had acted differently under the circumstances.
How it works
In order to gain personal injury due to negligence, the victim must prove four things: duty, injury, causation, and damages. In short, the victim has to show that someone else was not so careful that his injuries were caused. First, the victim must demonstrate that the responsible person must have acted diligently in the situation.
A person is only responsible for a personal accident if their actions are the cause of the accident. If someone acts negligently and no one is injured, the negligent person is not liable to anyone for his actions. A person is liable only for personal injury if their actions lead to an accident involving injury. Finally, the victim must prove what damage it has. They must show what they want to reclaim as compensation, along with evidence to verify their claims.
Difference between workers compensation, personal injury and security disability
Workers compensation or accident benefits are offered to you if you are injured at work, as an alternative to court cases. As required by most state laws, employers are required to pay compensation for employees to cover the injuries. State disability benefits, on the other hand, offer you weekly benefits if you are injured (not really in the course of working) and unable to work at your normal or usual job. The main difference is that employee compensation covers you for injuries for which the employer would be liable, while invalidity benefits are not paid through your employer, but still help to make up for lost income.
However, you may be eligible for disability benefits for even if you are also entitled to compensation as a worker (temporary or permanent disability) if the disability benefits are higher than the compensation benefits for employees. If your employer or his insurance company disputes whether you should receive employee compensation, the state can provide you with a disability before the dispute are resolved, and then the state will ask for its money back if you are successful in the employee’s compensation case. Temporary disability benefits are paid to workers until their situation becomes fixed and unchangeable. You may then be entitled to permanent disability benefits and medical care for the entire lifetime. Personal injury compensation is paid once the claim of an injury is proved. This is made regardless of the party involved, and the government is an invincible party here.
By: Savino Smollar Workers Comp & Personal Injury & SSD Law 60 Bay Street #703 Staten Island, NY 10301 (718) 448-8121. Award Winning Law Firm in New York City.