How Workers' Comp Affects ...

How Workers' Comp Affects Disability Benefits

Were you recently injured in a workplace accident in Columbia, South Carolina or are you suffering from an occupational disease? If so, you may be wondering, "Can I apply for both workers' compensation and Social Security disability benefits? This is a good question.

According to the Social Security Administration, "Disability payments from private sources such as private pensions or insurance benefits, don't affect your Social Security disability benefits." The SSA goes on to say: "Workers' compensation and other public disability benefits, however, may reduce your Social Security benefits."

In a nutshell, if you receive workers' compensation, you can apply for Social Security disability benefits; however, the total amount of the combined benefits cannot exceed 80 percent of what you were earning before the disability.

Calculating Your Monthly Benefits

To calculate your reduction, your monthly Social Security disability benefits will be added to your monthly workers' compensation benefits. If the total amount between your SSD and workers' comp benefits exceeds 80 percent of your average earnings before the disability, any excess will be deducted from your Social Security disability benefits.

If you are approved for workers' comp and disability benefits and there is any change to the amount of your workers' comp benefits, or if your workers' comp ends, you are supposed to notify the Social Security Administration right away. "Tell us if the amount of your workers' compensation or other public disability payment increases or decreases. Any change in the amount of these benefits is likely to affect the amount of your Social Security benefits," says the SSA.

According to South Carolina's Workers' Compensation Commission, "As provided in Title 42 of the SC Code of Laws, 1976 the maximum weekly compensation rate equals 66⅔% of an individual's average weekly wage, not to exceed the average weekly wage in this State for the preceding fiscal year as determined by the South Carolina Department of Employment and Workforce. With this information in mind, qualifying injured workers can certainly benefit by applying for disability insurance in addition to their workers' comp. This is because 80% is more than 66⅔%.

To file a workers' compensation claim, contact Masella Law, P.A. today!

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