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Workers’ Compensation vs. Social Security Disability 101

August 5th, 2019
Social Security Paperwork

When an unfortunate and unexpected accident occurs at work, it is important to understand your rights to compensation. However, understanding your rights to Workers’ Compensation and Social Security Disability Insurance (SSDI) claims can be confusing and complicated. In many cases, claims may be denied the first time. The personal injury attorneys at Dale E. Anstine are sharing important information to consider if you are injured on the job and potentially eligible for one of these compensation programs.

Who Is Eligible?

You might be eligible to claim workers’ compensation if you have been injured at work and establish the injury is work-related. In most cases, workers’ comp is temporary and allows employees to continue to have a stable income while they recover from their work-related injury.

On the other hand, you might be eligible to claim Social Security disability benefits if you have a physical disability or severe mental health condition that makes you unable to work full-time. The disability must be expected to last longer than a year or must be a life-threatening condition.

Can You Receive Both Workers’ Compensation and Social Security Disability?

Yes, it is possible to receive both Workers’ Compensation and Social Security Disability. To receive both, you must meet the eligibility requirements for both types of compensation. The application process differs for each program since SSDI is a federal program and workers’ compensation is operated within individual states.

If both claims for workers’ compensation and SSDI are accepted, it is important to note that the total compensation cannot be more than 80 percent of your previous income. If the compensation is more than 80 percent of your previous income, SSDI will deduct money to bring the total below the 80 percent mark.

The claims process to apply for both types of compensation is complex and can get confusing, which is why it is important to have an experienced personal injury attorney on your side.

Having an Attorney on Your Side

While you can collect both workers’ comp and Social Security Disability at the same time, there are many factors to consider before applying for both. There are some advantages and disadvantages of applying for one before the other, which should be discussed with a qualified personal injury attorney. In addition, an attorney can help structure your claims so you have the greatest chance of receiving the compensation you deserve.

At Dale E. Anstine Personal Injury Law Firm, your injury is our fight. If you or a loved one is involved in an accident at work which resulted in an injury, reach out today for your free consultation. Get a specialized workers’ compensation attorney on your side who has a full understanding of PA workers’ compensation and SSDI and who can help protect your rights. Consultations are always free, we’re available 24/7 and there’s no fee unless we win for you.