Social Security and Personal Injury from Accidents
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Employees who have suffered serious injury in auto accidents often find themselves unable to return to work for a lengthy period of time or perhaps even for life.
If the client faces a long-term disability situation of a year or more, he or she will usually be eligible to receive Social Security Disability benefits. We recommend applicants for Social Security Disability consult with legal counsel before filing, as any chance error on the filing form can adversely affect the outcome of your claim. Initial claims are often denied for any number of reasons, so it will often be necessary to enlist an experienced professional to represent you during the appeals process.
An attorney can also discuss with you the scope of medical coverage, if any, provided by your automobile insurance policy. In the state of NH, purchasers of auto liability insurance are required to buy uninsured motorist coverage equivalent to the amount of liability they own. Uninsured motorist coverage, unlike many other types of automobile insurance, offers compensation for lingering pain and suffering stemming from any accident for which the uninsured motorist was liable. All NH auto policies also provide medical payment coverage for vehicle occupants.
Having the other driver’s auto insurance company defray your medical costs, on the other hand, may require a court case and legal settlement. Once a settlement is achieved, you are required under NH law to pay back your health insurance carrier for all medical expenses incurred as a result of the accident. If you’ve purchased MedPay, your medical expenses will be covered up to the limits of the MedPay policy, and your health insurance may not kick in at all. Owners of a MedPay policy don’t have to reimburse MedPay out of the settlement.
Discuss your options for legal recovery with your attorney, but bear in mind that securing compensation for lasting injury from insurance companies may involve hassles and delays. It is important, therefore, to pursue your Social Security Disability benefits with determination and not to give up after an initial denial. Nearly half of all cases are resolved favorably for the claimant on appeal to an Administrative Law judge. A successful claim will result in back pay dating to the time of injury and can go a long way toward reimbursing accumulated medical expenses.
If an employee’s disability prevents him from resuming gainful employment after a second year, he will automatically qualify for Medicare benefits as well. These benefits are essential for employees who have lost their jobs or whose employers don’t provide long-term disability insurance or health insurance.
In sum, victims suffering severe injury from automobile accidents may be entitled to medical coverage from their auto insurance company or to a financial settlement with the insurer of the negligent driver. Employees with the proper work history may also collect Social Security benefits and, after two years, qualify for Medicare. Contact a personal injury attorney at Normand & Associates to help you work out the details of your particular situation and its impact on your financial future.
Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.
