West Virginia Legal FAQs
Workers’ Compensation and Social Security Disability Insurance (SSDI)
Do my family members qualify for Social Security benefits because of my injury?
If your spouse is 62 years of age or older, or if your spouse is caring for your child (16 years and younger or a disabled child of any age), he or she may qualify for Supplemental Security Income (SSI) benefits on your behalf.
Your unmarried minor children and disabled children of any age may also qualify. (Stepchildren and adopted children are included under the general classification of “children.”)
What is vocational rehab?
Vocational rehab is a training program for workers who can no longer perform the duties of their former job due to injury and disability. Injured and disabled workers learn new professional skills, so that they can get a job that suits their current abilities.
How long do I have to wait for workers’ compensation benefits?
It really depends on the circumstances of the injury and whether the claim has to go through an appeal. The claims process can take as little as a few weeks to a full year or more to resolve.
Will my workers’ compensation benefits affect my SSDI benefits?
Yes, collecting workers’ compensation can affect the amount of SSDI you receive and vice versa. The government caps the amount of monthly benefits any injured worker can receive at 80% of his or her former salary. How much you receive from each program varies according to your circumstances.
Can I be fired for filing a workers’ compensation claim?
No, it is illegal for an employer to terminate an employee for filing a workers’ compensation claim.
Do I have to pay taxes on my workers’ compensation and SSDI benefits?
That depends on the amount of total income you are receiving and the source of that income. Generally, you do not owe taxes on workers’ compensation and SSDI benefits by themselves, but if you are receiving both at the same time, you may owe taxes.
You may also owe taxes on your benefits if you are filing a joint return with a spouse that has full- or part-time employment.
Call 304-346-9629 or 1-866-381-7900(toll free).