Sadly, work injuries happen everyday. Many individuals become disabled due to an injury that occurred while at work. If you are injured at work, you may be entitled to Workers' Compensation benefits. Workers' Compensation benefits can provide payment for your medical care, wage loss payments, and lump sum payments. Workers' Compensation can be paid for an injury that occurs at work or an illness caused by one's work environment. Unlike Social Security Disability benefits, you do not have to be out of work for 12 months to qualify for Workers' Compensation. You can receive both Social Security Disability and Workers' Compensation benefits but one or the other may be reduced because often you cannot receive 100% of both benefits at the same time.
Should I apply for Social Security Benefits if I am receiving Workers' Compensation?
If your work injury will result in you being unable to work for 12 months or more you may qualify for Social Security Disability benefits. You should apply for Social Security Disability benefits as soon as possible. The Social Security Disability application and appeal process can take a long time. If you want to receive all of the benefits you are eligible for you, do not wait to apply for SSD.
Will my Social Security Payment be affected by Workers' Compensation?
Yes. If you receive Workers' Compensation benefits and Social Security Disability benefits, the total monthly amount of the combined benefits cannot be greater than 80 percent of your average current earnings before you became disabled. Your Social Security payment will be offset by your Workers' Compensation payment in Pennsylvania and West Virginia. In Ohio your Workers' Compensation benefit will be reduced. Determining the amount your Social Security Disability payment will be affected by Workers' Compensation is difficult. It is important that you make the Social Security Administration aware of any changes in your Workers' Compensation payments or if you receive a lump sum payment.
Suffering from a work injury that leaves you permanently disabled is extremely difficult. The attorneys at Berger and Green can answer your questions regarding both your right to Workers' Compensation and Social Security Disability benefits. Complete the contact form or call now for a free evaluation of your Workers' Compensation claim and your Social Security Disability claim.
