Social Security Disability and Workers Compensation
Injured workers face many challenges. Not only do they have to deal with the pain that comes with being injured, they also have to struggle to make a living. After sustaining injuries, many workers are in too much pain to work or have a disability that precludes them from pursuing full-time employment. Being unable to work is a nerve-wracking experience, especially when there are bills to pay. Fortunately, both workers' compensation and Social Security Disability benefits can ease the financial and emotional stress that injured workers face. Workers' compensation benefits are paid to workers because of a job-related injury or illness. They are paid by federal or state workers' compensation agencies, employers, or insurance companies on behalf of employers. It is possible to get both workers' compensation and Social Security Disability benefits at the same time. In some states, a favorable Social Security decision can even make your workers' compensation case stronger. So, if Social Security determines that you're completely disabled and eligible for disability benefits, you may be able to have your workers' compensation benefits enhanced. How Workers' Compensation Impacts Social Security Disability Benefits If you receive workers' compensation and Social Security Disability benefits, the total amount of the benefits cannot exceed 80 percent of your average current earnings before you became disabled. If the total amount exceeds 80 percent, the excess amount is deducted from your Social Security Disability benefits. If your workers' compensation expires, the amounts of your Social Security Disability payments will go back to normal. The offset created by workman's compensation also affects the amount of your disability back pay, or past due benefits. If you plan to apply for Social Security Disability benefits and have a workers' compensation claim, get a copy of your workers' compensation settlement documents because Social Security will ask for them. Also, be aware that if you receive a lump-sum workers' compensation payment or the amount of your workers' compensation payments changes, you have to notify the Social Security office so they can adjust the amount of your Social Security Disability payments. Receiving Workers' Comp and Applying for Social Security Disability Benefits?If you are receiving workers' compensation and plan to apply for Social Security Disability benefits, hire a qualified Social Security Disability attorney for assistance. An attorney can help you understand how one benefit affects the other in your specific case. Please fill out our online contact form to set up a free evaluation.