Frequently Asked Questions
Personal Injury & Workers’ Compensation Questions
How much time do I have after an accident to file a lawsuit?
The statute of limitations for both personal injury and workers’ compensation cases is usually 2-3 years, depending on what state you reside in and where your accident occurred. However, it is important to check the laws of your particular state, as you must usually file within the statute of limitations. You should seek out an attorney to help you with your claim as soon as possible.
What should I do after an injury?
If you become injured as a result of someone else’s negligence, always consider going to the Emergency Room. When filing a Personal Injury claim, we need all the documentation we can get to prove your case and win you the money you deserve. Then call our office for a free consultation.
What should I do after a car accident?
If you are involved in a motor vehicle accident, it is crucial that you wait for the police, and tell the police if you are injured. You want your complaints to be documented in the police report, so that we may refer back to them while in litigation. Make sure to call our office before giving any formal statements and to receive your free case evaluation.
Should I tell my insurance company if I get into a car accident?
Yes, if you are involved a motor vehicle accident, you must report the accident to your insurance carrier immediately. Your insurance company should pay for your medical bills.
What should I do if I am injured on the job?
After a work injury you must report it to your supervisor immediately. Each state has a different deadline for notification, but it is best to get your injuries documented as soon as possible.
Can I see my regular doctor after a workplace injury?
In many states you must treat with the company doctor for 90 days in order to claim Workers’ Compensation. After that, you may return to your regular doctor for treatment. Ask your lawyer about the rules in your state. Failure to follow the rules could damage your case.
Social Security Disability Questions
What is the difference between Social Security Disability benefits and Supplemental Security Income?
Social Security Disability Insurance (SSDI) benefits are taken from the pool of funds that you contributed to through your earnings (taxes) while employed. To qualify for these benefits, you must have paid the Social Security tax from your earnings for 20 quarters over the last 10 years. For those who do not qualify for SSDI because they did not work enough and pay into the Social Security tax program, they may qualify for Supplemental Security Income (SSI). SSI is designed to help aged, blind, and disabled individuals with little or no income and provides cash to meet basic needs, such as food, shelter, and clothing. However, there are qualifiers that have to be met in order to qualify for SSI. If you are not sure which case you qualify for and would like help, give us a call at 1-800-CANT-WORK.
How does one qualify for disability benefits?
For Supplemental Security Income, there are no earnings requirements but there are asset and income qualifications one must meet to have their claim considered. There is an earnings requirement, however, for Social Security Disability Insurance. To qualify to receive Social Security Disability benefits, two different earnings tests exist for which you must meet the requirements. The first is a “recent work” test that is based on your age at the time you became disabled. The second is a “duration of work” test to determine if you have worked long enough while paying Social Security taxes through your earnings.
What does “disability” mean according to the Social Security Administration?
Under the Social Security Act, disability means “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”
What types of medical conditions qualify for disability benefits?
Physical and mental impairments will qualify one to receive disability benefits. The Social Security Administration manual lists possible diseases, impairments, and injuries in the following categories:
- Musculoskeletal system, such as back injuries.
- Special senses and speech, such as blindness, visual problems, and hearing loss.
- Respiratory system, such as emphysema or asthma.
- Cardiovascular system, such as heart problems.
- Digestive system, including chronic liver disease and hepatitis.
- Genitourinary impairments, such as kidney diseases and osteoporosis.
- Hematological disorders, blood diseases such as anemia, sickle cells disease.
- Skin disorders, such as skin lesions.
- Endocrine disorders, such as problems affecting the thyroid, adrenal glands, or pituitary gland.
- Impairments that affect multiple body systems, such as Downs syndrome.
- Neurological disorders, such as epilepsy and multiple sclerosis.
- Mental disorders, such as depression, anxiety, retardation.
- Malignant neoplastic diseases, such as HIV infection and lymphoma.
- Immune system disorders, such as autoimmune disorders and immune deficiency disorders.
How does the Social Security Administration (SSA) decide on a claim?
They will review your application to see if it meets the requirements, including your current work activities and how long you have worked. If you meet these requirements, your claim will be sent to a determination office in the state where you live. This state agency will look at the medical evidence provided by those physicians, clinics, or hospitals where you received treatment. Your doctors will be asked about your medical condition, when it began, how it limits your activities, what medical tests show about it, and what type of treatment you have received. Your doctors will be asked about your ability to perform work-related activities. Once all of this information is gathered, the SSA will make its own decision about whether or not you are disabled and should receive benefits.
What if I am denied?
You can appeal the decision. It is highly recommended that you retain the services of an attorney to represent you in the appeal process. A Social Security Disability attorney at the Law Offices of Eric A. Shore can submit, manage, and represent you in this procedure. Contact us online or call 1-800-CANT-WORK.