Health Care

Can You Receive Both Workers’ Compensation and SSD Benefits at the Same Time?

Disabling Medical Conditions for Social Security
Cardinal Law Partners March 9, 2021

Numerous individuals, at one time or another, have received benefits from workers’ compensation. There is also a large population of people receiving SSD (Social Security Disability) benefits. Occasionally, however, individuals may wonder if they can receive both workers’ compensation and SSD Benefits at the same time. This is a common question raised when a workplace injury disables an individual for an extended period of time. Whether this injury is temporary or leads to permanent disability, individuals will likely seek workers’ compensation. Individuals experiencing disabilities, however, also often seek SSD benefits whether or not their injuries are work-related. The question therefore remains as to whether they can receive the two simultaneously.

The short answer to the question is yes. Sometimes, however, people are advised that their disability benefits eligibility may be hurt by the fact that they’re receiving workers’ comp. To guide you through the claims process, you want an experienced SSD and workers’ compensation attorney.

Qualifying for Both

It is possible to receive both SSD and workers’ compensation benefits at the same time, but only if individuals meet certain qualifications. The insurance program of workers’ compensation applies to employed individuals who develop work-related diseases or become injured on the job. Though state regulations differ, workers’ compensation insurance is required for many employers. This assures that the injured employee can recover about 66% of lost wages and receive payment of 100% of their medical expenses. They may also be eligible for payment for disfigurement, specific injuries, and permanent disability.

Settling a workers’ compensation claim may include a lump sum, the receipt of weekly benefit payments, or both once a claim is approved.

Social Security Disability is a federal insurance program in place for individuals unable to work due to illness or injury. To qualify for disability benefits, an individual must have worked enough years as defined by the administration. When compared to workers’ comp, SSD is far more complex. Many stipulations apply, and applicants frequently encounter challenges when trying to pay for medical treatment while they wait for their claim to be approved.  One such challenge may involve the reduction of SSD benefits due to workers’ comp benefits. The kind of reduction varies on a case by case basis, which is why it’s crucial to review your case with an experienced workers’ comp lawyer.

Decreasing the Offset of Disability Payments

There are ways to minimize SSD payment reductions because of workers’ compensation. Depending on your situation, several approaches include:

  • Taking Retirement Benefits
  • Claiming Deductions
  • Lump Sum Settlement

Workers’ compensation settlements require very specific language to prevent the most severe types of workers’ social security offset.  An experienced attorney who understands not only Social Security Disability programs but also the details of workers’ compensation programs in your state can help alleviate confusion and unnecessary costs.

Cardinal Law Partners – Experienced Workers’ Compensation and SSD Attorneys

It’s best to secure proper legal representation when applying for workers’ compensation and SSD benefits. Cardinal Law Partners has a staff of experienced attorneys with the skills and expertise you need to handle workers’ compensation cases and SSD benefits. If you need assistance with your case, we are the team you want on your side. Contact us today to discuss the details of any SSD benefits or occupational compensation case.