A serious accident can affect every part of your life, from your ability to work to your physical comfort, financial stability, and long-term health. But many people don’t realize that personal injury claims and disability insurance benefits are two different legal paths, and they may be entitled to both.
At RMS Law, our attorneys help clients in Philadelphia, New Jersey, and Delaware file coordinated claims after accidents, injuries, or medical issues that cause disability. If you’re suffering from bodily injury, pain, or emotional distress and can’t work, you may be eligible to recover damages through civil law, insurance claims, and long-term disability policies.
Understanding the Legal Landscape: Injury vs. Disability Claims
If you were in a car accident, injured at work, or suffered a slip and fall, you may qualify for a personal injury claim and disability benefits. Here’s how they differ:
- Personal Injury Claims (civil torts): These involve seeking compensation from a liable party for accidents caused by negligence or intentional harm. This includes car accidents, premises liability, product liability, and cases such as intentional infliction of emotional distress.
- Disability Claims: These are typically filed through your insurance policy or employer’s disability plan. They provide monthly income replacement when you can’t perform your job duties due to injury or illness caused at work.
Want to know your rights? Learn more about our personal injury services or how we handle long-term disability cases.
What You Should Do First After an Injury
- Seek Medical Care Immediately
Prioritize your health. Not only does early treatment improve outcomes, but medical documentation is vital to both insurance claims and legal liability arguments. - File Your Disability Claim Promptly
Most long-term disability policies have tight deadlines, sometimes within 30 days of the accident. Failing to act quickly may result in denied benefits or disputes with the insurance provider. - Consult an Experienced Lawyer Early
Navigating accident claims, insurance policies, and legal processes alone is risky. A skilled injury lawyer near you can help you avoid mistakes that could cost you financially.
Coordinating Both Claims Without Jeopardizing Your Benefits

Filing a personal injury claim while receiving disability benefits involves legal and financial strategy:
- LTD Offset Clauses: Many disability insurance policies allow insurers to reduce your monthly payments if you receive a settlement or award. This is called a benefit offset.
- Social Security Disability: If you’re applying for disability in the United States through SSDI, your PI claim typically won’t affect your eligibility, but may impact related benefits like Medicaid or SSI.
- Settlement Structuring: If your attorney structures your settlement improperly, it could lower your disability payout or complicate future claims.
That’s why working with a disability and injury law firm like RMS is so important. We coordinate both claims so you don’t lose out.
What Damages Can You Recover?
Depending on your case, you may be eligible for:
- Medical expenses and therapy
- Lost wages and reduced future earnings
- Pain, suffering, and emotional distress
- Loss of enjoyment of life
- Out-of-pocket costs, including home modifications
- Personal injury protection benefits if applicable
Claims vary widely depending on your insurance policy, the statute in your state, and whether liability insurance is involved.
Common Questions We Hear
Can I pursue both a work accident claim and disability?
Yes. If your injury happened on the job, you may have a workers’ compensation claim, a long-term disability claim, and possibly a third-party liability lawsuit (like if a subcontractor or product was at fault). RMS can help you explore every legal path.
What if I was hurt at a nursing home or private property?
If a loved one was injured due to negligence in a nursing home or on someone else’s property, you may have a premises liability claim. RMS Law pursues these claims with care and sensitivity, especially for vulnerable adults and those with disabilities.
How much does a lawyer cost?
At RMS Law, we work on a contingency fee basis. You pay no fees unless we recover compensation. Learn more about how we work with clients.
Your Next Step: Don’t Wait to Get the Help You Deserve

Suffering after an accident? Struggling to make ends meet while dealing with a serious injury? You’re not alone and you don’t have to choose between injury compensation and disability support.
At RMS Law, our team of seasoned injury attorneys, disability lawyers, and accident attorneys near you understands how these systems intersect. We build a personalized strategy for each client, protecting your rights under labour law, insurance regulations, and tort statutes across Pennsylvania, New Jersey, and Delaware.
Contact us today for a free, confidential consultation for both disability claims and personal injury claims.
Frequently Asked Questions About Disability and Personal Injury Cases
Can I get long-term disability benefits and sue for personal injury at the same time?
Yes. You can pursue long-term disability benefits through your insurance policy while filing a personal injury lawsuit against a negligent party. These are separate claims, one provides income replacement, the other compensates for damages like pain and suffering and medical costs. However, some LTD policies have offset clauses that reduce your monthly benefit based on your injury settlement, so coordination is critical.
Will my personal injury settlement reduce my disability payments?
Possibly. Many disability insurance policies include liability offsets that allow insurers to deduct part of your PI compensation from your monthly benefit. This is especially common in ERISA-governed plans. An experienced disability lawyer can structure your claim to help minimize offsets and protect your total recovery.
What happens if I’m injured in a car accident and can’t return to work?
If you suffer bodily injury in a motor vehicle accident and are unable to return to work, you may be eligible for both a car accident claim and disability benefits depending on the circumstances and nature of the incident. You can file a claim with the at-fault driver’s liability insurance and submit a long-term disability or Social Security Disability (SSD) application. A qualified car accident lawyer near you can guide you through both legal pathways.
Does personal injury compensation affect Social Security Disability (SSD)?
No, your personal injury compensation usually does not affect your SSD benefits. However, it may impact SSI, Medicaid, or other need-based programs tied to income or assets. Structuring your settlement properly with help from an attorney can prevent disqualification from government assistance.
What kinds of injuries qualify for both personal injury and disability claims?
Common injuries that may qualify include:
- Spinal cord injuries and chronic back pain
- Traumatic brain injuries (TBI)
- Joint injuries (knees, shoulders, hips)
- Severe burns or amputations
- Emotional trauma or intentional infliction of emotional distress
- Worsening of pre-existing conditions due to an accident
Whether your injury occurred at work, in a nursing home, or during a car accident, you may have both civil law and insurance claim options.
How long do I have to file a claim for a personal injury and disability case in Pennsylvania or New Jersey?
Under most state statutes, the statute of limitations for a personal injury claim is two years from the date of the incident. For disability claims, deadlines are often dictated by your insurance policy, with reporting periods as short as 30 days. It’s best to speak with an injury attorney immediately to protect your rights.
How much does it cost to hire a personal injury and disability lawyer?
At RMS Law, we work on a contingency fee basis for most injury and disability cases. This means you pay no legal fees unless we win compensation for you. If you’ve been searching for an “injury attorney near me”, “accident lawyers near me”, or “slip and fall attorneys near me” on Google, make sure you choose a team that offers transparent fee structures and experience in dual claims.
Can I file a claim if I was hurt on someone else’s property?
Yes. If you were injured due to unsafe conditions on another person’s property, you may have a premises liability case. You can also pursue disability benefits if the injury prevents you from working. These cases require showing that the owner breached their duty of care and that the negligence directly caused your injuries.

