As per statistics, truck collisions are more dangerous than the ones involving only cars. Unsurprisingly, the truck accident victim is likelier to have injuries which keep them from going back to their work. In the event you were involved in an accident, you may be entitled to seek a disability claim. It is still essential to properly assert your rights. That is where an experienced and skilled truck wreck lawyer can help.
Types of Benefits Available to a Victim
A short-term disability program bridges the gap between your catastrophic accident time and the time where you establish permanent disability status. The California State Disability Insurance program gives those who work for companies, involved in the SDI program, a maximum of 52 weeks of insurance coverage. The program benefits cover 60% to 70% of the income you were making before your accident.
If you have had to reduce the working hours because of your accident injury, then you may also be eligible for partial benefits. You will be eligible for it even when you get different federal disability benefits, like Social Security Disability Insurance (SSDI).
To get these benefits, you need to apply for the same inside seven weeks of establishing that you cannot go back to work due to the injury. You will also have to file a disability claim form duly signed by the right medical authority.
Some individuals find getting the right medical practitioner or filing their claim to be overwhelming following a truck accident. The concerned truck driver may need to cope with the employer who fails to give the claim form the driver needs, or who demands them to report back to work before they are able. An attorney specializing in automobile and truck accident law can help you with filing this claim and dealing with the employer.
In the event you cannot go back to work in the foreseeable future, you may be able to apply for a permanent disability claim through the Social Security Administration. The SSA bases the benefits on the number of years you have worked and how much you have earned in those years. They manage two kinds of disability income: Supplemental Security Income and Social Security Disability Insurance. As mentioned above, Social Security Disability Insurance is calculated on the basis of factors like your average income in the period of time you were employed. The benefits of Supplemental Security Income are available to those with limited income who are disabled, blind or are aged 65 years or above. You may be able to collect both SSI and SSDI at once.
Injuries Which May Deserve a Disability Benefit
As said earlier, you should apply for SSD benefits and will have to provide documentation that explains why you cannot go back to work. Some of the injuries which may qualify the accident victim for SSI or SSDI benefits can include the following.
- Seriously injured legs or arms
- Post-traumatic stress disorder
- Partial or full paralysis
- Brain injuries
How to Fight the Denial of a Disability Claim
There are several reasons your SSD or SDI claim could be turned down. Some of the common reasons for denial include the following.
- Lack of medical evidence that can be verified
- Earlier denials of a claim similar to this
- Not cooperating with agency personnel who evaluate your claim
- Not following your treatment plan
Besides the above, several truck accident victims find that the injuries they sustained are challenged by the company which employs them. Rely on a law firm with experience to help you file your claim again to make a relatively more convincing case.
Disability Benefits versus Injury Lawsuits
When you have sustained life-changing injuries in an accident of this kind, SSDI/SSI and SDI can provide access to the funds you need for daily survival, medical requirements and to give your family. A rather important source of income will likely be found by filing an injury lawsuit against that negligent driver, who is to blame for your injury.
Many parties can be found by the court or jury to be guilty in a truck versus motorcycle or passenger car accident. They can include the truck’s manufacturer or mechanic, the driver’s employer or their shipping agent, and the agencies responsible to ensure road conditions are safe. Even when you are found to be partially guilty for the truck accident, you may seek damages in the event the other parties are more at fault.
Disability originating from the accident can play a big role in your injury case. The disabling injuries you sustained may factor into the following.
- The loss of your future wages
- Lost wages
- Medical costs
- Punitive damages when the negligence was intentional or extreme
Gathering evidence right at the accident scene as soon as you can is an essential part of seeking compensation for damages based on your disability. It is also important to make your injury case persuasively. Your odds of winning a settlement or the grant at trial which you deserve will improve considerably when you retain the services of an experienced injury attorney.