Social Security Disability Insurance (SSDI) and workers’ compensation are separate programs run by the Social Security Administration (SSA) and your home state respectively. The short answer to the question of whether you can receive both workers’ comp and SSDI benefits at the same time is: yes.
However, the criteria for claimants of both benefits are quite different for each program, making it possible for you to qualify for one and not the other. Because workers’ compensation is designed to protect you if you’re injured on the job, claims for these benefits need to be substantiated more than those for SSDI benefits which are based on medical evidence.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that is designed to ensure you continue receiving an income should you have an accident at work. In exchange for receiving compensation for loss of earnings and medical benefits, employees making claims on the insurance relinquish their right to take legal action against their employer for the incident. It’s a two-way protective measure that provides a system of collective liability that ensures employees don’t suffer any financial hardship as a result of a workplace accident.
The requirements of workers’ compensation vary slightly from state to state, but in general, it is designed as a temporary measure while claimants are waiting to heal or to have their application for SSDI benefits accepted.
Because SSDI benefits and workers’ compensation are completely unrelated programs and each has its own criteria for qualification, claiming one does not negatively affect your chances of receiving the other.
Does Workers’ Compensation Impact SSDI Benefits?
There is one effect that workers’ compensation has on SSDI benefits, and that is in respect to the total income an individual receives from the combined benefits. This total income cannot exceed 80% of your income prior to the accident, which is the maximum allowable under the current system. If your combined benefits income comes to more than 80%, the SSA is empowered to make deductions from your SSDI benefits to reduce your total to below this threshold.
How Qualification for Workers’ Compensation and SSDI Benefits Differ
There are two principal differences in the requirements for both benefits. They are as follows:
- To be eligible for workers’ compensation, you have to be unable to carry out your duties at work as a result of a work-related injury, whereas
- People claiming SSDI benefits have to prove to the SSA that they are completely disabled, demonstrating unequivocally that they are unable to perform any kind of work for any employer during their adult lives. In addition, your disability must be expected to last for more than 12 months and be the cause of your death.
Applying for Both Benefits at the Same Time
Although it is completely possible to claim both SSDI benefits and workers’ compensation at the same time, there are some advantages to applying for one before the other, subject to your state. It’s always recommended to reach out to an experienced SSDI lawyer like those at Tabak Law in Milwaukee, WI to ensure that you structure your claims carefully and to your advantage.
What to Do If You Need to Claim Workers’ Comp
It’s important to file a claim for workers’ comp benefits as soon as you have been injured at the workplace or have developed a work-related illness. There are some distinct disadvantages of delaying the process as it can be detrimental to your claim and your employer could even deny you compensation if there’s a significant gap between when the incident took place and when it is reported.
Claiming benefits for disability can be a complex area, particularly when the nature of your injury or illness is work-related or has developed over time. To claim both SSDI benefits and workers’ compensation, you have to go through two separate processes which can be time-consuming when you’re not in the best of health. This is the principal reason you need to hire a lawyer with extensive knowledge of the benefits system in your state.
Consult with a Workers’ Compensation Attorney About Your Case
Tabak Law is rapidly expanding law firm located in Milwaukee, Wisconsin, with in-depth knowledge of the benefits system from both a state and federal perspective. If you’ve suffered an injury at the workplace, you may not feel up to dealing with filing for your claims, and that’s where we are here to help you. If you wish to pursue a claim for disability benefits and gain the peace of mind, you need to focus on recovery. Contact us to discuss your legal options today.