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Can I Collect Workers’ Compensation and Disability Benefits at the Same Time?

If you’re considering applying for workers’ compensation while on disability, learn about what you may or may not be entitled to.

Published on August 8, 2024
injured worker talking to a lawyer

Workers’ compensation and Social Security Disability Insurance (SSDI) provide millions of Americans with vital financial support annually. It’s common for injured or disabled individuals to have many questions about how both of these complex systems work on their own and together.

While these programs aim to provide financial assistance to those unable to work due to injury or illness, the interaction between them, particularly when it comes to reduced benefits, requires careful consideration. If you’re considering applying for workers’ compensation while on disability, here’s what you need to know.

Understanding Workers’ Compensation

Workers’ compensation is a state-regulated insurance program designed to compensate employees for work-related injuries or illnesses. It covers medical expenses, rehabilitation costs, and a portion of lost wages. Its primary objective is to provide timely support to injured workers, ensuring they can recover and return to work when possible.

The Role of Social Security Disability Insurance (SSDI)

SSDI, administered by the federal government, offers benefits to individuals who cannot engage in substantial gainful activity due to a qualifying disability. Eligibility depends upon meeting Social Security’s stringent definition of disability, which includes the inability to work in any significant capacity due to a condition expected to last at least one year or result in death. Work credits accrued through prior employment covered by Social Security are also a prerequisite for SSDI eligibility.

Can You Receive Both Workers’ Comp and SSDI?

You may qualify for workers’ compensation and SSDI benefits simultaneously, but the interaction between these programs involves reducing (or offsetting) benefits. This means that the total combined workers’ compensation benefits and SSDI cannot exceed 80% of the individual’s average earnings before the disability occurred. If the combined benefits exceed this threshold, SSDI payments may be reduced to ensure the total does not surpass what you would have earned if they were still working.

Navigating this offset requires careful coordination between the workers’ compensation insurer and the Social Security Administration (SSA). Beneficiaries must inform both parties about their receipt of benefits from the other program to ensure accurate benefit calculations. Failure to disclose information can lead to overpayments, which may require repayment or adjustment of benefits in the future.

To avoid offsetting your benefits, you must carefully plan your financial strategies when applying for workers’ compensation and SSDI. Understanding how these benefits interact can help you make informed decisions about available financial resources during periods of disability.

Experienced Lawyers Serving the Triad Community

When applying for disability benefits and workers’ compensation, having a lawyer from Daggett Shuler in your corner can make a world of difference. We provide professional guidance throughout the claims process, from gathering medical documentation to advocating for you during appeals. With Daggett Shuler, you have a dedicated advocate committed to securing your rights and easing the stress of navigating disability and workers’ compensation claims.

Contact us today by submitting a form online or calling our office at 336-724-1234 for a free consultation.

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Our attorneys have helped clients with legal support through workers’ compensation, Social Security Disability, personal injury, car accident claims, and more. Our clients know that we stand beside them when they are going through a difficult time. Read reviews from real clients, and if you had a positive experience with Daggett Shuler Law, please consider leaving a review.

Thank You for Everything

I would like to take time to thank the staff at Daggett Shuler Attorneys at Law. To Megan Youngblood for helping me get my disability started; thank you so much for everything!

Olivia Winston

Outstanding

My experience with Daggett Shuler was amazing. James Cohn was the attorney I worked with for my workers’ compensation claim. He is an awesome attorney. I was injured while on the job performing my duties with a local company, and the next Monday was fired because they did not want to pay my medical bills. After going to Daggett Shuler they looked after me throughout the process. The Daggett Shuler team was outstanding in their professionalism and empathy.

Dow Hines

Daggett Shuler Will Have Your Back

I was expecting it to take years to get disability and Daggett Shuler went above and beyond to get it as quickly as possible. They got the disability awarded in 6 maybe 8 months tops. I would recommend Daggett Shuler to anyone filing a disability claim. These guys will have your back for sure!

Noah Whittington

Made the Process Easy

From the time I called to the time everything was settled, Daggett Shuler made the whole process very easy. Griff was my attorney; he was very professional and handled my case very well. I’d recommend them for anyone in need of this service.

Lance Starling

Totally Awesome

My wife got approved for social security disability in 6 months with no appeals or denials. These guys are totally awesome. Totally recommend them for anything.

Steve Yates

Made the Process Easy

I was referred to Daggett Shuler by a family member and I’m glad they did! From the time I called to the time everything was settled, they made the whole process very easy They were very professional and handled my case very well. I’d recommend Daggett Shuler for anyone in need of this service.

Lance Starling

Went Above and Beyond

I have had really low vision my whole life and recently got to the point to where I couldn’t work anymore. I was expecting it to take years to get disability and they went above and beyond to get it as quickly as possible. I would recommend Daggett Shuler to anyone filing a disability claim. These guys will have your back for sure! I wouldn’t trust anyone else with your claim! Seriously… These guys are the best.

Noah Whittington

Outstanding Team

I was injured while on the job performing my duties with a local company, and the next Monday was fired because they did not want to pay my medical bills. After going to Daggett Shuler and being accepted for my claim, they took me in as family and looked after me throughout the process. The Daggett Shuler team was outstanding in their professionalism and empathy. David Daggett and Griff Shuler have put together an outstanding team.

Dow Hines

Very Helpful

Everyone was very helpful with my case, any questions I had were answered quickly and I could tell they really had my best interest in mind always.

Brittany Revalee

Fantastic Experience

I had a fantastic experience with Daggett Shuler. The dedication and professionalism shown throughout the process were truly remarkable. The way you handled every aspect of my situation put me at ease and instilled confidence in the outcome. I’m grateful for the expertise and support you provided. Thank you for your outstanding service!

Mansour Mansour

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A wonderful law firm who personally takes care of your issues. Workers’ Comp can be a nightmare in so many ways so it is good to have an exceptional attorney with that experience guiding you through the process. Griff Shuler was my attorney and I couldn’t be more pleased with the way he handled my case.

Pat Bovender

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Awesome staff and very friendly. Took care of my needs without hesitation and helpful in every aspect! Thank you guys for all your hard work!

Cameron Dahmer

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