Can an injured worker collect Social Security Disability payments AND Workers Comp at the same time?

Doug Landau

Attorney
(866) 735-1102 Ext 610

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In a word, yes. Injured workers who are disabled from their regular jobs and receiving state workers compensation benefits AND who are also unable to do work may be eligible for Federal disability payments.

Clients who are receiving workers compensation benefits often have Awards of 2/3rds of their average weekly pre-injury wage. The Federal disability income program takes a set off for monies an injured worker receives from Workers Comp and certain other government programs. The Feds frown upon people "double-dipping," even though the benefits come from the money taken out of the wage earner's paychecks. The Social Security rules limit benefits to no more than 80% of the recipient's pre-disability earnings.

So, when we win a Social Security Disability claim for a client receiving state workers compensation, they frequently still receive their comp benefits, AND get an additional 13% from the Federal program. Plus, there is the added benefit of the Federal program covering other health care needs, unrelated to the on-the-job accident or occupational disease. Lastly, winning the Social Security Disability claim can also lead, in appropriate cases, to the receipt of benefits by the injured worker's family members.