Is Workers’ Compensation Offset by Social Security Disability?
by Abdul Aziz Mondal Legal Published on: 09 December 2021 Last Updated on: 03 January 2022
Many people are unsure how their workers’ compensation benefits will affect their Social Security Disability Insurance (SSDI) payments. The truth is, the amount of money you receive from SSDI will be less than what your weekly or monthly worker’s comp benefit would be.
However, it’s important to note that many states have changed to offset some of this loss by giving additional funds to those receiving SSDI benefits. Read on to learn more about these offsets and how they affect you.
Can You Receive Workers Comp And SSDI At The Same Time?
When an employee is injured on the job, they may be entitled to receive both workers’ compensation and Social Security Disability Insurance (SSDI) benefits. However, it’s important to note that these two types of benefits are not always equal. In most cases, your SSDI payments will be less than what you receive from the worker’s comp.
If you are unsure whether you are eligible for workers comp, it is important to speak with an attorney or your employer. A workers comp attorney in Georgia can guide you through the process of filing a claim and help you understand your rights.
What Are The Offsets?
To offset the loss of SSDI payments, many states have enacted laws that provide additional benefits to those receiving SSDI. These offsets can vary from state to state but often include things like:
- Help with medical costs
- Additional money for those living in poverty
- Money to help pay for transportation costs
- Assistance with housing costs
How Do These Offsets Affect Me?
If you are receiving SSDI and live in a state that has these offsets, you may receive additional benefits. However, it’s important to note that the amount of money you receive may not be enough for your family’s needs.
These offsets are designed to help offset some of these losses, but they are often far less than most people need to cover their living expenses. If you have any questions or concerns about how receiving workers comp will affect your SSDI payments, it is best to speak with a Social Security attorney in your area.
As an employee who has been injured while on duty, you may be eligible to receive both workers’ compensation and Social Security Disability Insurance (SSDI) benefits. However, eligibility may vary from state to state, and most people who receive SSDI benefits will see a reduction in their weekly or monthly payments.
How Does SSDI Affect Workers Compensation?
The monthly Social Security Disability Insurance (SSDI) payment that an individual receives is often offset or reduced by the workers’ compensation benefits received. This occurs because Social Security views workers’ compensation as a form of income replacement, reducing the SSDI payment amount to account for those benefits.
There are a few exceptions to this rule, however. One exception is if the claimant has a work-related injury or illness that causes them to become disabled before they are eligible for SSDI benefits, workers’ compensation will not offset their Social Security Disability Insurance payments.
Another exception to this rule occurs when an individual receives “federal employees’ disability annuity” as compensation from the federal government, similar to SSDI. Workers’ compensation will not offset their Social Security Disability Insurance payments.
When To Seek Legal Assistance?
Seeking legal assistance is a decision that can have long-lasting effects on your life. You should never attempt to represent yourself in court if you are not an expert.
Contacting a workers compensation attorney today would be a wise choice because of the wide array of laws and regulations surrounding this specific area of law, as well as various ways they could help you.
If you are an employee eligible for workers’ compensation, but your employer does not have insurance or has a policy that will not provide you with sufficient benefits, the services of an attorney may be required.
You should also consult a lawyer if you’ve been injured at work and cannot return to your job because of those injuries within three years from the date they occurred.
There are many other reasons you may need to speak with an attorney and can help you better understand your specific situation. Apart from that, having a well-versed lawyer on your side will give you peace of mind and may help improve your case.
Will A Settlement Affect Your Disability Benefits?
If you are currently receiving Social Security Disability Insurance (SSDI) benefits and are considering accepting a workers compensation settlement, you may be wondering if the two benefits will be offset.
This question is not always straightforward, as it depends on your situation. Generally speaking. However, SSDI payments will likely continue even if you accept a workers’ compensation settlement.
There are a few exceptions to this rule, so it is best to speak with an attorney to get a clear understanding of how your specific case would be impacted. If you accept a workers compensation settlement and then later apply for SSDI benefits, the Social Security Administration may determine that you are no longer disabled.
Final Words
Understanding your rights and the benefits you may qualify for is extremely important and help you make the best decision possible. Seeking legal assistance as soon as possible would be a wise choice because of the wide array of laws and regulations surrounding this specific area of law, as well as various ways they could help you.
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