{"id":352933,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/disability.html"},"modified":"2025-09-29T14:59:49","modified_gmt":"2025-09-29T19:59:49","slug":"disability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/disability.html","title":{"rendered":"Disability Benefits After an Accident"},"content":{"rendered":"\n
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Disability Benefits After an Accident<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If you’re injured and can’t work, applying for disability benefits can help you receive an income until you can work again. Disability is an often underestimated risk, and medical bills can quickly add up.<\/p>\n\n <\/div>\n\n\n\n

Unexpected and severe injuries can happen to anyone. A car accident or a serious injury at work may cause anything from a temporary impairment to a permanent disability. Medical bills, time off work, and rehabilitation can affect your life and your family’s situation.<\/p>\n

According to the\u00a0Social Security Administration<\/a>\u00a0(SSA), one-quarter of workers will experience a disability before reaching retirement age. For those who suffer from injury or illness and can’t work, disability insurance can provide an essential source of income.<\/p>\n

In this section, you’ll find resources to help you deal with issues related to disability insurance. You can learn about different definitions of disability, how to apply for benefits, and what to do if your disability claim gets denied.<\/p>\n

Dealing with disability insurance can be challenging, given the technical, legal, and medical issues involved. The requirements of insurance policies and the possibility of denial also make it difficult. You may want to discuss any questions or problems with a disability law attorney<\/a>.\u00a0<\/p>\n

Types of Disability Benefits<\/h2>\n

There are several types of disability benefits to help with your financial needs while you’re out of work due to injury or disability. Eligibility for coverage depends on the kind of benefit, your age, whether your injury happened at work, and the severity or longevity of your injury or illness.<\/p>\n

How you\u00a0apply for disability benefits<\/a>\u00a0will vary depending on the type of coverage you have. About 30% of workers have long-term disability benefits through their employer. This disability insurance is heavily regulated by federal law.<\/p>\n

Workers’ Compensation<\/h3>\n

Workers’ compensation<\/a> often covers a work-related injury. All states, except Texas, require employers to provide workers’ compensation benefits to salaried employees. These benefits usually include partial salary compensation and payment of medical bills and rehabilitation therapy. A private insurance company manages these benefits, and the requirements vary by state. Check with your state’s workers’ compensation board<\/a>\u00a0for more information.<\/p>\n

Short-term Disability Insurance<\/h3>\n

Short-term disability coverage protects you when injured or temporarily disabled by a non-work-related event. This coverage is a benefit you elect and pay for through your job or a private company, though a few states offer this coverage for workers. Short-term disability generally begins paying out for a personal injury claim quickly, but as the name suggests, your benefits are for a limited time.<\/p>\n

Long-term Disability Insurance<\/h3>\n

Long-term disability insurance<\/a>\u00a0is also a benefit offered by an employer. You elect and pay for the coverage. Long-term disability won’t begin paying for at least six months after your injury or illness. But, it can pay out much longer, with some policies covering you until retirement age.<\/p>\n

Social Security Disability Insurance (SSD or SSDI)<\/h3>\n

If your injury has kept you from work for one year, you could qualify for Social Security disability benefits. SSDI benefit eligibility has a disability and work history criteria. You can meet the work credit rule if you work for five to 10 years and have paid into Social Security. Meeting the disability is more complicated. There is a “blue book” list of injuries and illnesses<\/a>\u00a0that generally qualify automatically. You are also eligible if you show that your disability prevents you from working. The SSA will enroll you in Medicare after getting benefits for two years.<\/p>\n

Supplemental Security Income (SSI)<\/h3>\n

The SSI program provides monthly benefits to qualifying applicants. SSI is a need-based program available to blind or disabled people whose disability will affect their ability to work for more than a year or will result in death. To be eligible, you must meet specific criteria, such as age or disability. You must have limited income and meet asset limits. You can check your SSI eligibility<\/a>\u00a0on the Social Security Administration website.<\/p>\n

How Do I File a Disability Claim Through Work?<\/h2>\n

You may have\u00a0disability insurance<\/a>\u00a0through your employer as part of your employee benefits package. These offerings are regulated under the Employee Retirement Income Security Act of 1974<\/a> (ERISA). ERISA establishes strict requirements for processing and responding to claims.<\/p>\n

Step One: Reviewing Your Disability Benefits Plan<\/h3>\n

Before applying for benefits, review the summary plan description (SPD) for your benefits plan.<\/p>\n

This document provides a detailed overview of:<\/p>\n