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Can You Collect Social Security Disability and Worker’s Compensation?

Mankato Workers’ Compensation Lawyers

When a worker get injured on the job in an accident, he or she is afforded the right to collect worker’s compensation in order to cover medical bills, lost wages, and also temporary or permanent disability due to the injury. However, when you have a disability from a work accident, can you collect Social Security disability while also collecting worker’s compensation benefits?

The short answer is yes, you can indeed collect both workers’ compensation and Social Security disability from a work injury that proves it will have a lasting effect on your health and would technically define you as disabled. If you were hurt on the job, collecting workers’ compensation is about proving that you were hurt while at work no matter whose fault. However, while you can also apply for Social Security disability, you will need to make sure that your injury fits the very rigid specifications that the Social Security Administration has set forth in order to define those who are disabled. Your condition must also be anticipated to last for a year or longer in order to qualify for Social Security disability benefits.

It should also be noted that if you do get approved for Social Security disability, it can actually help your worker’s compensation case as well. The Social Security Administration has very strict guidelines that one must meet, which can serve as proof of serious injury. However, you should not wait for Social Security disability approval in order to start the worker’s compensation process. Worker’s compensation has a statute of limitations that, if missed, would bar you from filing and collecting benefits. It is really a case of better to be safe than sorry.

How Much Can You Receive From Worker’s Compensation and Social Security Disability?

While you can receive both benefits, this isn’t a case of getting rich from being injured. In 1965, as an effort to cut down on false claims, Congress passed an amendment that allowed Social Security disability benefits to offset other benefits but can only collect up to 80 percent of a person’s average earnings. This means that while you can collect both benefits, you cannot collect an amount that exceeds what is 80 percent of your calculated average earnings.

To put this into perspective, let’s say your average earnings are calculated to be $3,000 a month. This average is calculated by taking the best year of income out of the prior five years before your disability and averaging it. Now, if you receive $1,500 from worker’s compensation and can receive $1,500 from Social Security disability. As this combined benefit would be $3,000, the Social Security disability benefits will be lowered to $900 per month so that you stay within the 80 percent cap, which in this example would be a maximum of $2,400 in benefits.

If your worker’s compensation award were to end, the Social Security disability benefits would again be able to go up to $1,500 again as well. So you don’t need to worry about losing Social Security disability benefits if they are augmented to not go over the 80 percent cap if your worker’s compensation benefits are temporary.

Need Help?

Have you been injured at work in such a way that you are entitled to workers’ compensation, but can also collect Social Security disability? Then you need to contact us today. Both the realms of workers’ compensation and Social Security disability are not easy to maneuver, but the Farrish Johnson Law Office can help you navigate these waters. Both can be difficult to get approved with the benefits that you need, but we can help make sure you get both a good workers’ compensation settlement as well as approval for Social Security disability.

Our Workers’ Compensation Lawyer

Yuri Jelokov, Attorney

Yuri Jelokov

Workers’ Compensation Lawyer