Can You Get Workers Compensation and Social Security Disability At The Same Time?
Technically yes, if you qualify for both Social Security Disability benefits (SSDI) and Workers’ Compensation. They are different programs, Social Security Disability (SSDI) not to be confused with State Disability Insurance (SDI), is a federal program and Workers’ Compensation programs are run by your home state.
The difference between Workers Compensation and Social Security Disability -
The differences between Workers’ Compensation and SSDI are quite different, it is possible that you may qualify for one and not the other. Depending on you State, Worker’s Compensation can vary, if you have been hurt on the job and believe you may qualify for Workers’ Compensation, you should consult your state authorities or a lawyer who is familiar with the Workers’ Compensation laws from your state.
Most of the time, Workers’ Compensation is designed to be temporary, affording employees who have been hurt on the job a period of continuing income while they heal or wait for acceptance for long-term SSDI benefits.
Because they are separate entities, receiving Workers’ Compensation does not disqualify you for SSDI nor does it negatively affect your chances of having your disability claim accepted.
Things to consider -
The one effect which collecting Workers' Compensation does have on SSDI is that the total income you receive from Workers' Compensation and SSDI cannot be more than 80% of your previous income. If the money you are receiving from Workers' Compensation and the money you are entitled to through SSDI are greater than 80% of your prior income, the SSA (Social Security Administration) will deduct enough money from your SSDI entitlement to bring your total under 80%. If your Workers' Compensation runs out while you are still collecting SSDI, notify the SSA and they will adjust your SSDI benefits appropriately.
It is worthwhile mentioning that any private disability insurance you may have, as well as any pensions, do not have any effect on how much you can receive from SSDI benefits. Even if your private disability income insurance payments cause your total income to be more than it was when you were working, your SSDI benefit amount will not be affected.
It is important to note, however, that the requirements for qualifying for disability through SSDI may be considerably different than the requirements for qualifying for Workers Compensation.
You are generally considered disabled for Workers Compensation purposes if you are no longer capable of performing the job you were doing when you were injured, even if temporarily. The Social Security Administration, on the other hand, has a very different definition of disability. To qualify for SSDI, you must be considered totally disabled. To qualify as totally disabled, you must demonstrate that you are unable to perform any work which you have ever performed for any employer. Furthermore, that you are unable to perform any meaningful work in any field in which you could reasonably be trained for. Additionally, your disabling condition must be expected to last over a year or be expected to result in your death.