Aug 4th, 2017

Getting Workers’ Compensation and Disability Benefits at the Same Time

Fred London Law 0 Comments Social Security Disability

When you have been injured on the job to the point where you are no longer able to work, it is natural to want as much financial assistance as possible. The good news is under some circumstances, you can collect both workers’ compensation and disability benefits concurrently. The following information will let you know if you qualify for both types of benefits and how to get them.

Social Security Disability benefits

Qualifying for Both Benefits

This simple reason you may be able to qualify for both benefits is that they two different programs that are run by two different entities. Disability benefits are granted by the Social Security Administration (SSA), which is a federally-run program, and Workers’ Compensation programs are all run by the individual states. Since the programs are different, they have different eligibility qualifications so it is possible to qualify for one program but not the other.

Qualifying for Workers’ Compensation Benefits

Workers’ Compensation benefits are meant to be short-term or temporary coverage that helps the recipient bridge the gap while they are not working. It can be extremely helpful to receive these benefits while you are waiting for your disability benefits acceptance. The specific qualifications for Workers’ Comp eligibility vary from state to state. So, it is a good idea to speak with an attorney in your state to see what your qualifying conditions are. However, there are some basic qualifications that are the same for every state:

1) The company or person you work for must carry Workers’ Compensation insurance
2) You must be an employee of that company or person
3) Your injury or illness must be related to your work.

“Special Rules for ‘Certain Workers’”

There are special Workers’ Compensation rules for people in specific categories including domestic workers, leased or loan workers, casual or seasonal workers, and undocumented workers. Workers who fit into one of these categories should check with their employer or a workers’ comp lawyer to learn of these specific rules.

Collecting Workers’ Compensation and its Effect on SSDI

If you are eligible to receive both Workers’ Comp and disability benefits, the total income you can receive between the two programs cannot exceed 80% of the income you had previously been receiving. If the total amount exceeds 80%, the SSA will deduct the difference from your disability benefit. Once your Workers’ Comp benefits run out, the SSA will readjust your disability benefit.

Qualifying for Disability Benefits

To Qualify for Workers’ Compensation benefits, you only need to no longer be able to do your previous job. However, to get disability benefits, the SSA must consider you to be totally disabled. This means that you can no longer perform any type of job that you have ever had for any employer. You must also not be able to form meaningful work in any field in which you can reasonably be trained. Lastly, your condition must have lasted, or be expected to last, for a duration of at least one year or result in your death.

Is it Advisable to Collect Both Workers’ Compensation and Disability at the Same Time? Every case is different so it is difficult to answer this question definitively. In many cases, it is a good idea to collect as many benefits as possible. However, there are some cases where it is to your advantage to choose one or the other. These advantages can vary from state to state. So, it is advisable to speak with a qualified disability or Workers’ Compensation attorney to decide what is best for your situation.

If you have questions regarding if you can get both Workers’ Compensation and Social Security disability benefits at the same time, and if so, if it is advisable, contact the law office of Fred London today. We are here to help you get the benefits you deserve.

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