I am receiving Social Security Disability. Can I settle my Ohio BWC claim?

If you are totally disabled due to a work related injury, then there is a chance that you are also eligible for Social Security Disability or SSD.  SSD is available to those who suffer from any medical condition that will cause them to be disabled in excess of one year. If your work related injury can (or will) prevent you from working for a year, then you should also apply for SSD.

Trying to settle your BWC claim while receiving SSD can be complicated for two reasons. The first reason is Medicare.  Those who receive SSD are eventually eligible to receive medical coverage through Medicare. For obvious reasons, Medicare does not want injured workers to close their BWC claim only to leave medicare "holding the bag" on their medical expenses.

The second reason is something called an SSD "offset." If the Social Security Administration notices that an injured worker received a large BWC settlement, then they will reduce (or eliminate) SSD benefits paid to the injured worker. This virtually eliminates any benefit that the injured worker may derive from settlement.

Notwithstanding these two issues, it can be possible to structure a BWC settlement in a way that ensures future coverage through Medicare and reduces or eliminates the possibility of an offset. These transactions are highly complicated -- but not impossible.  The Law Offices of Thomas Tootle has a great deal of experience in structuring this type of settlement.  Please call us today.