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Can You Access Disability After a Car Accident?

March 24, 2020

Car wrecks change lives every day. People can be zipping down a residential street one minute, or walking their dog, and then suddenly there’s a crash. That crash can leave people paralyzed, without limbs, unable to process certain requests, or successfully go through certain life functions without medical support. Although most people do recover to a great extent after a wreck, there’s no guarantee on time frame or the need for rehabilitation. Working with a medical team, you can set up your expectations and make it clear on how you intend to follow a plan. If that rehabilitation plan costs you more than 12 months of employment, you should consider applying for disability after a car accident.

Will You Lose Substantial Amounts of Time at Work?

The extent of your injuries and the time spent recovering and off of work are prime factors in whether you can apply for disability after a car accident. What it really breaks down to is, will you spend at least 12 months off of work? And while that may seem like a long time, it may be something very realistic for your recovery.

The elements of understanding how much time you will lose at work do mostly revolve around the extent of your injuries. But they can also include your line of work, the ability of your employer to make reasonable accommodations, and your medical team’s outlook on your recovery.

For example, if you worked in construction, which involved climbing multiple stories each hour of a 10-hour workday, then you may be out of work for a while, especially if your car accident resulted in severe hip and knee joint damage. The recovery time, even for a young and fit person, on a hip replacement, can be months. Then make a full recovery where you can go back to climbing ladders, lifting, and climbing stairs, maybe even longer.

Start talking with your medical team and your employer about accommodations that can get you back to work quickly. Many people simply want to return to their steady paycheck rather than receive the percentage of their check through SSDI.

Will Your Injuries Result in a Disability that Affects Your Ability to Remain Employed?

When your injury is not work-related, then your employer has no obligation to maintain your employment. Basically, if you’re not making a worker’s compensation claim, then you don’t have any real protection over your job. With a car accident injury, if you’re not able to perform your basic job functions for an extended period of time, they may offer a leave of absence.

When it comes to a loss of unemployment, there are support options, including unemployment, but often people prefer to go through SSDI first. If they’re unemployed because of a temporary or permanent disability, then it’s not likely that unemployment would be the best route because you would not be able to seek employment actively.

There’s also the possibility of your disability, resulting in the need for vocational rehabilitation. Your injuries from a car wreck could make it impossible to return to your line of work. Meaning that not only will you be out of work for months, but you may spend many more months learning new skills to adapt your abilities.

Injuries That Change The Ability to Work in Your Field

Injuries that impact your ability to work in your chosen field is something that could lead you to submit an application for SSDI. For example, Traumatic Brain Injury is slightly more common than people initially expect. But traumatic brain injury can lead to the loss of vital functions or muscle control, and often, TBI calls for vocational rehabilitation.

When you’re working in this capacity, you can often work with your medical team to clarify how long you will actually miss work due to your injuries.

When to Contact a Wisconsin SSDI Attorney About Disability after a Car Accident

Tabak Law encourages anyone who meets the basic qualification requirements for Social Security Disability Insurance to review their application with an attorney. The most frequent reason for denials in Wisconsin is because of incomplete or inaccurate applications. For those that meet the basic requirements, you may find that you can obtain SSDI after a wreck.

There are no preset limits on how you obtained the injury or disability to impact your application. After a wreck that will take months or years to spring back from, you’ll need some guidance and support. Involving an SSDI attorney from Wisconsin can help you submit a complete and accurate application and then follow up with appeals in the case of a denial. Contact our SSDI benefits law firm today.

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