If you have been hurt in a car accident, you may not be able to return to work or pay the many bills that pile up against you. Because of this, speaking with an attorney about your options might be one of the most beneficial steps that you can take. Our attorneys at Maison Law are here to assist you through this complex and sometimes-confusing process so that you can get back on your feet. Please do not hesitate to contact us today for a no-obligation and entirely confidential case review.
Eligibility for Disability After a Car Accident
Many car accidents that occur in California are considered minor fender-benders. However, others are incredibly severe and lead to catastrophic injuries that impact every aspect of your life. If an injury is serious enough to keep you from work and is expected to follow you through life for a significant amount of time, you may consider disability to cover your expenses. Social Security Disability Insurance (SSDI) is only applicable in certain circumstances, such as when your injuries are severe enough.
There are several injuries caused by a car accident that may qualify for SSDI, such as the following:
- Soft Tissue Injuries: Soft tissue injuries are some of the most common injuries that stem from car accidents, but they can also be damaging and long-lasting. Whiplash or injuries to the hands can keep you out of work for some time, as well as cause you to miss your favorite activities.
- Back Injuries: Spinal cord injuries, nerve compression, and more can affect your back or worsen a preexisting back injury.
- Internal Bleeding: You may have sustained internal bleeding of the stomach or another area after a car accident. In some cases, the bleeding may be so severe that you require transfusions. This could make you eligible for disability benefits.
- Traumatic Brain Injury (TBI): If a TBI was serious enough to keep you from focusing on your work or completing everyday tasks that you completed before your accident, you may quality for disability benefits.
- Anxiety and Depression: Mental health issues can sometimes stem from a stressful car accident. Anxiety and depression can keep you from enjoying certain elements of your life and make it impossible to work, which is why it qualifies for benefits in some cases if you have been diagnosed by a professional.
- Burns: If you have suffered burns in a car accident, they may be serious enough to impair the function of a certain part of your body. This can make you incapable of returning to work and everyday life.
What Are Disability “Listings”?
If you believe that your injuries may qualify you for disability following an accident, you have options. However, you must be able to meet medical requirements for a disability “listing” under the Social Security Handbook. This means that you will need to show evidence of your injuries and certain aspects must be present for your injury to be considered “disabling” under the law.
For instance, there is a specific listing for if you have sustained a soft tissue injury due to an accident. To meet this listing, you would have to show that the following aspects are present:
- You have sustained soft tissue injuries to your arm, leg, torso, face, or head
- You have ongoing surgical treatment for your injuries
- You have not reached a point of further improvement
If your injuries do not meet a particular listing, the Social Security Administration will see if it is possible that you can work a simple job. If it is determined that you have a physical or mental capacity to work, they will help you find simple work. If you cannot meet these standards, you will be considered disabled under the law.
If You Are Denied Disability Benefits After a California Car Accident
If you are denied disability, you may have options. If you disagree with SSA findings and believe that your injuries impact your ability to return to any type of work, you have the option to file an appeal. However, it is incredibly important to seek legal advice when you move forward with an appeal, as you want to make sure that your claim is taken seriously.
Even if you believe that your injuries are severe enough to keep you out of work for a limited amount of time, you may be able to receive short-term disability benefits. Short-term disability benefits apply to those who may not have to take off work for a year but still miss some work due to their injuries. You may also have the option to file a personal injury claim for your damages, which can help you get back on your feet financially after an accident.
Contact a California Car Accident Lawyer Today
If you have been hurt in a California car accident, it is normal to be left with legal questions that you cannot answer on your own. At Maison Law, we have the resources necessary to help you through these difficult times and give you answers to any questions you have. Our California car accident lawyers have years of handling car accident claims and will stand by your side as you face the big-name insurance companies. Please do not hesitate to contact us today for a free and completely confidential case review.
