Does getting workers’ comp impact Social Security disability?
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Does getting workers’ comp impact Social Security disability?

| Jun 15, 2020 | Firm News |

Kentucky residents who are injured or become ill on the job and are approved for workers’ compensation benefits might also be eligible to receive Social Security disability. Knowing they will be financially compensated and have medical care while they are unable to work can be a relief. Still, there are limits to what the worker can receive when getting both SSD and workers’ comp. It is important to understand the relevant percentages as part of the process and how it will be reduced.

Those who receive both types of benefits cannot get more than 80% of the average wages they earned prior to the disabling issue. In other words, the amount will be cut until it reaches 80%. The Social Security Administration will calculate what the person is receiving and reduce the amount accordingly. This does not result in a reduction in the workers’ comp benefits, but in the SSD benefits. The SSD benefits are reduced in this way until the recipient turns 65.

The SSA will utilize various formulas to conclude how much the person averaged in earnings. This can vary. This is another aspect of a claim where it is beneficial to have legal protection to make certain the calculation is done accurately. Some workers opt to receive a lump sum for their workers’ comp benefit. This can also have an impact on the SSD benefits, so it is important to let the SSA know if the lump sum option is accepted.

Being injured on the job and unable to work can cause fear and consternation. People might be somewhat aware of their eligibility for benefits under workers’ comp and SSD, but never think they will need these programs. Paying bills, getting adequate medical care to address the issues and focusing on getting back to full health should be the priority. Every aspect of workers’ comp and SSD can be confusing, especially when recovering from an injury.

From filling out the forms, dealing with the possibility of a disagreement as to the severity of the injury, adhering to treatment requirements and ensuring the reduction based on getting both types of benefits is not excessive, it is wise to have legal guidance. Discussing the claim with experienced professionals who understand workers’ comp and SSD can be essential.