Disability Facts

Most workers are eligible for workers’ compensation coverage, but every state excludes some workers. Exclusions often include:

• Business owners
• Independent contractors
• Casual workers
• Domestic employees in private homes
• Farm workers
• Maritime workers
• Railroad employees
• Unpaid volunteers

Check the workers’ compensation law of your state to see whether these exclusions affect you.

Are you currently seeking legal information regarding West Virginia disability laws or West Virginia social security laws? If so, contact one of our experienced West Virginia disability lawyers or West Virginia social security lawyers today!

Disability compensation benefits are payments from public or private funds to a disabled person who cannot work, such as social security or workers’ compensation benefits.

Basically there are two types of disability compensation benefits to which a person can be eligible. The two types are Disability Insurance Benefits and Supplemental Security Income Benefits.

An employee may be eligible for temporary partial disability when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work.

State Disability Insurance (SDI) defines disability insurance fraud as any claim for SDI benefits where a person, alone or in collusion with any other person, willfully makes a false statement or misrepresentation, or withholds a material fact for the purpose of collecting SDI benefits. For example, filing a claim with SDI for an injury or illness that does not exist or helping another person file a false claim is insurance fraud.

An individual who commits disability insurance fraud against the SDI program may be disqualified from receiving further benefits for the current claim and future claim(s), and may be liable to repay a 30 percent penalty in addition to the overpayment amount. Any person who falsely certifies to his/her medical condition or to the medical condition of any other person is subject to an additional 25 percent penalty on any overpayment made due to the false medical. If criminally prosecuted, the individual may face additional penalties.

Are you currently seeking legal information regarding West Virginia disability laws or West Virginia social security laws? If so, contact one of our experienced West Virginia disability attorneys or West Virginia social security attorneys today!

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