When people are suffering from a disabling injury or illness that is expected to last at least one year or result in death, they may be entitled to Social Security Disability benefits. Since workers pay into the Social Security program, they cannot collect SSDI benefits unless they have earned enough credits.
If you have been paying into the Social Security program for years and you become disabled, this may be one of the places you look to receive much-needed compensation while you're unable to work.
But what if you were injured in a work-related accident and you're also eligible for workers' compensation benefits? Can you collect Social Security Disability and workers' compensation benefits at the same time?
How Workers' Comp Affects Disability Payments
While disability benefits from a private source, such as a private pension will not affect SSDI benefits, unfortunately that is not the case with workers ' compensation.
If you become disabled or sick because of a workplace injury or an occupational illness and you are approved for SSDI benefits and workers' compensation benefits, your Social Security benefits may be reduced.
Worker's compensation benefits may be paid by an employer, by an insurance company on behalf of the employer, or by a state or federal workers' compensation agency. Regardless of who issues the check to a worker for a job-related injury or illness, it can impact Social Security Disability benefits.
If you end up receiving workers' compensation AND Social Security disability benefits, the total amount of benefits that you receive cannot be more than 80% of what you were earning right before you became disabled.
If the amount of benefits you are receiving from workers' compensation and Social Security disability combined exceed 80% of your former earnings, the excess amount will be deducted from your Social Security benefits, not from your workers' comp benefits.
If you have further questions and would like to file a workers' compensation claim, reach out toMasella Law Firm, P.A. for a free consultation.