If you’re receiving workers’ compensation after a serious job-related injury, you may wonder if you can ever work again. Perhaps you’ve considered applying for Social Security disability benefits, but you worry that they may jeopardize your workers’ comp payments.
The good news is that, yes, you can receive both workers’ comp and disability benefits. You do need to know about the limits and other rules that apply in these situations, however. Retaining a skilled New Orleans disability benefits attorney will help.
Why You May Seek Disability Benefits While Receiving Workers’ Comp
Workers’ comp is designed to cover the medical bills and wage losses that occur when someone is injured at work. If your injury makes you unable to work, you could be eligible to receive disability benefits while you recover. Most people are already familiar with Social Security Disability Insurance (SSDI) benefits. But can you collect those payments along with workers’ comp?
The answer is yes, if you meet the qualifying criteria for both. Workers’ comp is a state-run program, with each state setting the rules for applying and receiving payments. It exists to support individuals who have a job-related illness or injury.
SSDI, meanwhile, is a federal program designed to assist someone who is disabled and cannot work. The disability does not have to be work-related, as with workers’ comp, but it can be.
Who Is Eligible to File for Social Security Disability?
To qualify for SSDI, the following must apply:
- You have worked long enough and recently enough under Social Security guidelines.
- You have earned a sufficient number of “work credits” over the previous ten years.
- You have a disabling condition, according to rules set up by the Social Security Administration.
- You are unable to work for at least a year or the disabling condition is expected to result in death.
Ask a knowledgeable New Orleans disability benefits lawyer about whether you meet the above criteria. You can receive both workers’ comp and SSDI until you can work again.
Are There Limits to How Much Disability You Can Receive?
Receiving workers’ compensation benefits could affect how much in SSDI benefits you are paid.
The total amount of workers’ comp and SSDI cannot exceed 80% of your average current earnings before you became disabled. Any amounts in excess of this 80% figure will be deducted from your SSDI benefits.
Here is a helpful example of how this rule works. Say a worker earns, on average, $4,000/month before being injured. This person and his or her family receive $2,200/month in SSDI benefits. The worker also receives $2,000/month in workers’ comp, for a total of $4,200 in monthly benefits. 80% of the $4,000 in average earnings is $3,200. Since the total benefits of $4,200 are $1,000 higher than this, SSDI benefits will be reduced by $1,000.
Social Security benefits will be reduced until the first of either:
- The month the worker reaches his or her full retirement age
- The month the workers’ comp benefits stop
Get Started Now On Your SSDI Benefits
Whether you currently receive workers’ comp or you’re in the process of applying, don’t delay your disability claim. It can take a considerable amount of time to receive SSDI benefits, especially if Social Security disputes your disability.
The best way to avoid having your claim denied is to work with a skilled New Orleans disability lawyer. That’s where Ascend Disability Lawyers, LLC comes in. Call us today to get started.
