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Can I Collect Disability & Workers' Compensation?


If you are injured on the job or because of an occupational disease and you are eligible for workers’ compensation benefits, you will definitely want to take advantage of them. However, workers’ comp does not compensate injured workers for 100% of their earnings before the accident.

As of 2019, the maximum weekly compensation rate for workers’ comp is 66⅔% of a worker’s average weekly wage, but it cannot exceed $845.74. Therefore, if you were earning significantly more than that before your injury, $845.74 a week may not be enough to cover all of your bills. So, the question is, can you apply for Social Security Disability (SSDI) benefits and receive workers’ comp and SSDI benefits at the same time?

You Can Apply for SSDI & Workers’ Comp

You can definitely apply for workers’ compensation and SSDI benefits at the same time. There is nothing under state or federal law saying that you cannot apply for both types of benefits. However, in order for you to qualify for disability benefits, you will need meet these requirements:

  • You must have worked long enough,
  • You must have earned enough work credits, AND
  • You must meet the Social Security Administration’s definition of a disability, which usually means your disabling medical condition will last at least one year or result in death.

Will My Workers’ Comp Benefits Be Reduced?

Here’s how it works: If you are approved for workers’ compensation and Social Security Disability benefits, the total amount of both benefits combined cannot exceed 80% of your average weekly wage before the disability.

What does this mean to you? It means that if you qualify for SSDI and workers’ compensation benefits, you should definitely pursue both because 80% of your average weekly wage is more than 66⅔%, which is the maximum you can receive through workers’ compensation alone.

To file a workers’ compensation claim in Columbia, SC, contact Masella Law Firm, P.A. at (803) 938-4952.

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