When Your Disability Qualifies You For Both SSD And Workers’ Comp Benefits
The differences between Social Security Disability Insurance (SSDI or SSD) and workers’ compensation (workers’ comp or work comp) can be summarized as follows:
About The Source
SSD is a federal program available to people who have substantial work histories and are unable to work as they once did because they are disabled.
Workers’ comp benefits, on the other hand, usually come from employers’ workers’ compensation insurers. Although workers’ compensation is structured according to federal and state laws, it is administered through private insurers or employers themselves.
When you can prove that you have one or more disabilities, projected to last a year or longer, that prevent you from working, you may qualify for SSD benefits after a five-month waiting period. These disabilities do not have to have been caused by events on the job.
In contrast, after you have been injured or become ill through an accident at work or because of conditions at your workplace, you should qualify for workers’ compensation benefits, including medical care, right away. After your doctors confirm that you have reached maximum medical improvement, you may still have one or more disabilities and thus qualify for monthly or lump-sum payments that will be calculated according to the seriousness of your disability.
SSD replaces up to 80% of your average earnings that you were accustomed to before you became disabled.
Workers’ compensation covers medical expenses, may cover vocational retraining and includes variable monthly benefits when you are temporarily or permanently disabled because of a workplace accident or work-related illness or condition.
Can You Receive Both?
Yes, but if you draw on either SSD or workers’ compensation benefits as a result of a disability, doing so may have an impact on the amount of benefits that you can receive from the other source. For example, if your monthly income from SSD and workers’ comp totals more than 80% of your previous monthly earnings when you were working, your SSD benefits may be reduced accordingly.
The information provided on this page is of a general nature and does not account for all situations.
Get Personalized Advice
For best results as you seek to maximize your disability benefits, work with an attorney who is experienced in this area of the law. To schedule a consultation with Debra L. Broz, Attorneys at Law, call 270-282-7975 or send an email inquiry through this website.