Can I Get Social Security and Workers' Compensation at the Same Time?
You can't help your excitement because you're getting social security. You've waited long enough for the benefits to come since you've been working so long at the same place.
You've been at this job for years now and you're waiting for the time to retire. You know it's coming up and you couldn't be more excited.
That excitement is short-lived when you get injured at work. You fall off a faulty ladder and break your wrist. You can hear the crack without looking at your arm.
You get a co-worker to drive you to the emergency room as the other employees watch. You can't help the embarrassment this causes.
A question flits through your mind as you get a cast for your wrist before leaving. Can you get worker's comp since the ladder was faulty to begin with?
You've never had to get worker's comp before so you don't know the rules. Another question flits through your mind in spite of yourself. Can you get worker's comp while getting social security?
The Short Answer: Yes
You can have social security and worker's comp at the same time since they are separate programs, however there are offsets that can occur which is why you need to contact an experienced attorney at the Ricci Law Firm PA.
Some employees who are eligible for social security are eligible for worker's comp. There are some restrictions to what you can receive from each program, though.
There is a cap to how much you can receive on social security and worker's compensation.
Applicable Limit (Maximum Amount of Benefits)
The applicable limit to what you can receive is two-fold. The first limit to your benefits is capped at 80% of the income you receive from your job.
Another limit is the total amount of SSDI received by members of your family in the first month of your injury. Make sure to have that information handy for when you file for worker's comp.
It is a good idea to check with a lawyer when filing for worker's comp so you can have an idea of how much you would get. It is only a temporary fix until you can return to work safely.
If you feel you're entitled to worker's comp while also on SSDI, consult with a lawyer before you file. Have the lawyer help you with the paperwork so you can get the full benefits of worker's comp.
Do some research as well before you consult with a lawyer so you can know who to choose for the consultation. The lawyer should be familiar with worker's comp and SSDI.
A lawyer experienced with worker's comp or SSDI will be able to tell you if you are eligible for both options. That way, you can know that information from the very beginning.
Don't be afraid to ask the lawyer for what you deserve. They will understand your situation and tell you what next step is best for you. If you get injured at work, go after the worker's comp!
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 752-7785 or 800-387-6406 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum.
Founder of the leading personal injury website: http://www.riccilawnc.com/personal-injury/