Will Workers Compensation Affect My Social Security Disability?

May 27, 2019 | Worker's Compensation

If you are collecting Social Security Disability, and become injured on the job, you could still be eligible to receive worker’s compensation benefits. However, it’s essential to keep in mind that you won’t be able to collect the full amount of Social Security benefits, plus workers’ compensation.

Can I Collect Both Workers Compensation and Social Security Disability?

Social Security benefits are typically paid out monthly, and the average amount for 2019 is $1,234/month. If a disabled individual is receiving Social Security benefits and becomes injured on the job, they could be eligible to claim workers’ compensation benefits to offset the cost of their injuries, but the amount of Social Security benefits that they receive every month might be reduced. If the total monthly amount of social security and workers’ compensation benefits a person receives is more than 80% of their pre-injury monthly income, the amount of Social Security benefits that they receive will be reduced to compensate for the increase in income from workers’ compensation benefits.

Worker’s compensation laws vary from state to state and depending on your state’s laws, there could be a cap on the amount of monthly workers’ compensation you are eligible to receive, much like the Social Security Disability limit of 80%. If you make more than 80% of your pre-injury monthly income when workers’ compensation and social security benefits are combined, the amount of workers’ compensation benefits you receive will be subjected to your state’s cap, as will the amount of Social Security benefits. Typically, the maximum amount of recoverable monthly Social Security benefits is $2,861, and the max amount of workers’ compensation benefits is around $800-$1,000/week depending on your state’s workers’ compensation laws.

How Will a Lump-Sum Workers’ Compensation Settlement Affect My Social Security Disability?

There are two ways that workers’ compensation benefits can be dispersed: lump-sum settlements and weekly. Most people elect to receive weekly benefits, but in some cases, an individual might decide to receive a lump-sum settlement. If an injured employee chooses to receive a lump sum, the amount of compensation that they receive is offset to account for any Social Security Disability benefits they are receiving, like it would if they chose to receive weekly compensation.

If you are worried about how workers’ compensation will affect your social security disability, it’s essential to sit down with an experienced lawyer and discuss the potential outcomes for your case. A lawyer can determine if it’s a better option to forgo recovering worker’s compensation, or if you can maximize the number of benefits you are receiving by collecting both workers’ compensation and Social Security Disability.

Talk to a Workers Compensation Lawyer Today

No one has your case’s best interests at heart more than an experienced lawyer. A Workers’ Compensation Lawyer understands the complexity of your state’s laws and knows how difficult it can be to recover full compensation without adequate legal representation. Your lawyer’s job is to alleviate this stress and do everything they can to recover the maximum amount of benefits for your injuries and financial damages.

If you or someone you love is receiving Social Security Disability, but has been injured on the job and is worried about how workers compensation will affect their benefits, call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our experienced Workers’ Compensation Lawyers.