Workplace Injuries, Workers’ Compensation, and SSDI: What to Know
Workplace injuries are extremely common, and given that workers’ compensation systems across US states are no-fault systems, most injured employees who work for covered employers are eligible for benefits. Yet often, workers’ compensation coverage is not enough to make up for the injured worker’s losses, and that injured worker might also seek Social Security Disability Insurance (SSDI) payments when their workplace injury has been severe. According to the US Bureau of Labor Statistics (BLS), there were about 2.8 million nonfatal work injuries in 2022, a number that rose significantly from the previous year. For many of those millions of injured workers, the injuries were severe enough to meet the definition of a disability used by the Social Security Administration (SSA).
If your impairment stems from a workplace injury, what do you need to know about SSDI benefits and workers’ compensation? A national disability benefits lawyer at our firm can help.
SSDI is Not Contingent Upon But Can Be Paid for Work-Related Injuries
First, we want to clarify that SSDI benefits are not designed for workplace-related disabilities, but they can be paid when a person sustains a workplace injury that results in a disability. In other words, you can obtain SSDI after a workplace injury (if you meet all requirements), but SSDI is available to disabled people regardless of where they got hurt and whether it was connected to a job.
You Can Obtain Workers’ Compensation Benefits and SSDI Payments at the Same Time
You should know that you can receive both workers’ compensation benefits and SSDI payments at the same time. Typically, workers’ compensation benefits will begin before SSDI payments since there is a five-month waiting period for the first SSDI benefit payment.
Workers’ Compensation Payments Could Reduce Your SSDI Payments
Although you can receive both workers’ compensation benefits and SSDI payments concurrently, the SSA is clear that receiving workers’ compensation benefits (or other types of public disability benefits) may reduce your SSDI benefits. The SSA clarifies: “If you receive workers’ compensation or other public disability benefits, AND SSDI benefits, the total amount of these benefits cannot exceed 80 percent of your average current earnings before you became disabled.”
Private Disability Benefits Provided Through Your Employer Do Not Reduce SSDI Payments
While workers’ compensation benefits and other public disability benefits can reduce your SSDI payments, private disability benefits (such as those provided through your employer, for example), will not have an effect on the amount of your SSDI payments.
Contact Our National Disability Benefits Attorneys for Assistance
Did your disability result from a serious workplace injury? If so, you are likely trying to determine whether you can receive both workers’ compensation benefits and Social Security Disability benefits at the same time. In many cases, as we have explained above, you can be eligible for both SSDI and workers’ compensation payments, but the amounts of each will depend upon your particular circumstances. An experienced national SSDI benefits lawyer at the Law Offices of Stephen Barszcz is here to help. Contact us today to find out more about obtaining SSDI or SSI benefits in addition to workers’ compensation coverage after a disabling workplace injury.
Sources:
bls.gov/news.release/pdf/osh.pdf
ssa.gov/pubs/EN-05-10018.pdf
