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Becoming "Insured" for Social Security Disability Insurance Benefits

An individual becomes "insured" and thereby eligible for Social Security Disability Insurance (SSDI) benefits by earning Social Security credits and paying Social Security taxes, which are deducted from the individuals' paycheck. The credits are allocated to individuals based on the amount of their earnings. For each $ 900 earned in 2004, the individual is given one credit. A maximum of four credits can be earned for the year. The earnings-to-credit ratio is adjusted each year to take into account earnings increases. Once earned, an individual's credits are forever attributed to them even if they have periods of unemployment or change jobs.

Injured Employee's Recovery Election

Historically, when an employee was injured in the course of his employment, but at the hands of a negligent third party, he was technically able to pursue relief through both the workers' compensation system and a third-party action. Though not able to receive a double recovery, the employee was technically eligible to recover under either theory. However, strict election rules required that he choose which theory of recovery he would pursue, even if his "choice" ultimately left him with no compensation at all. For example, the injured employee elects to proceed with a third-party action, thereby foregoing workers' compensation, but ends up losing the third-party action.

Personal Injury

When determining workers' compensation coverage, most states condition benefits on the worker receiving a "personal injury" in the course of his employment. The remainder of states just use "injury." For workers' compensation purposes, a "personal injury" or "injury" includes not only harm to the person from a trauma, such as a cut from a sharp piece of equipment, but also occupational diseases. Further, a "personal injury" can be either a physical or mental condition.

Accidental Disease

Like an injury, an employee's accidental illness is generally compensable if it is contracted in the course of employment. An "accidental" disease is one known as resulting from an unanticipated or unique exposure. To obtain workers' compensation for an infectious disease, the employee is usually required to show that contraction of the disease was unforeseen and that the exposure and the disease are causally linked through the employee's job. Many state statutes address diseases in relation to workers' compensation with some denying compensation outright for specified illnesses and others allowing compensation only for diseases contracted after an occupational injury.

Asbestosis and Construction Workers

Asbestos is a naturally occurring fiber that was used quite extensively in the insulation of buildings and for fireproofing. Asbestosis is a form of lung disease that results in scarring of the lung tissue by the inhalation of asbestos, which is made up of microscopic glass-like particles. Those individuals suffering from the disease are at an increased risk for lung cancer and mesothelioma.