Can You Collect Workers’ Compensation and Disability at the Same Time

If you’ve suffered a lasting or permanent injury in a workplace accident, you might be asking yourself if you can collect workers’ compensation and disability at the same time. Yes, it is possible to receive workers’ compensation benefits and Social Security Disability Insurance (SSDI) benefits at the same time.

However, you will need to qualify for both compensation programs to receive the most benefits. You should also understand that receiving SSDI benefits may affect how much you can collect from a workers’ comp claim. An Atlanta workers’ compensation lawyer from John Foy & Associates will determine which benefits you’re eligible for and pursue them on your behalf.

Workers’ Compensation Versus Disability Benefits

If you are planning on filing a workers’ comp claim and a social security disability claim, it’s important to understand the differences between the two types of benefits. Familiarizing yourself with both types of compensation can help you get the money you need to recover from your workplace injury.

How Workers’ Compensation Works

Workers’ compensation insurance is coverage that your employer purchases to help injured workers afford medical care and other costs. According to Georgia’s workers’ compensation laws, employers with three or more regular employees must carry workers’ compensation coverage.

The law also states that workers’ comp must cover you from your first day of employment. If your employer’s policy covers you, you can file a workers’ compensation claim to obtain the following benefits:

• Medical expenses
• Supplemental income based on your current earnings
• Disability benefits

Your injury does not have to be from an accident that occurred while you were performing work duties for you to qualify for workers’ compensation. That said, your injury must have occurred while you were on the clock to qualify for benefits. For example, if you were injured while traveling for work, you’ll probably be eligible for benefits.

How Social Security Disability Insurance Works

Social Security Disability Insurance (SSDI) is a federal program run by the Social Security Administration (SSA). If you have worked a job, you’ve paid into SSDI with a portion of each paycheck you’ve earned. SSDI is meant to provide disabled workers like yourself with income for conditions that make it impossible to work.

SSDI is similar to workers’ comp in that you must have a disability that prevents you from going to work to receive compensation. In addition, both benefits typically continue until you can return to work regularly, if at all possible.

The two programs differ because, unlike workers’ compensation, SSDI can provide compensation for disabilities that weren’t sustained at work. Several other eligibility qualifications are unique to SSDI. To qualify for Social Security Disability, you must have:

• Earned enough work credits over the past 10 years.
• Paid into SSDI through your previous employment.
• A condition that the SSA recognizes as disabling.
• Be unable to work for at least a year or have a condition that is expected to end in death.

Collecting Workers’ Compensation and SSDI at the Same Time

Since workers’ compensation and SSDI are two separate entities, receiving one does not disqualify you from collecting the other. If you were hurt at work and are waiting to get accepted for SSDI benefits, you can receive workers’ compensation benefits as helpful supplemental income.

According to the Georgia State Board of Workers’ Compensation (SBWC), you can be paid SSDI and workers’ compensation at the same time, but your Social Security benefits might be reduced. The SSA may lower your Social Security benefits to bring your total compensation below 80% of your income before your injury.

Workers’ compensation is typically provided on a more temporary basis than SSDI. If your workers’ compensation ends while you are still getting Social Security benefits, you will need to let the SSA know. You might be eligible for higher Social Security benefits if you no longer collect workers’ compensation.

How Workers’ Compensation and SSD Define Disability

If you are planning on collecting workers’ compensation and disability benefits at the same time, it’s important to understand that the SBWC and SSA have different definitions for disability. Under workers’ comp, you are covered if a work injury prevents you from performing your current job duties. 

On the other hand, Social Security can only be collected when you are disabled. That means you cannot perform any type of work, including previous jobs or any other jobs. If you are permanently disabled because of your work injury, you might be able to receive permanent total disability benefits and SSDI benefits at the same time.

You may also have access to temporary partial or permanent partial disability benefits through workers’ compensation if you have to take a lower-paying job when you return to work. In this situation, you would not be able to collect SSDI benefits at the same time because you are still earning income.

Getting Approved for Workers’ Compensation Payments and Disability Benefits

If you’ve sustained a lasting injury in a workplace accident or another incident, you’ll want to get started on your claims right away. Taking the following steps can give you the best chance possible at receiving the benefits you deserve:

• Report your work injury to your employer
• Complete and file a Form WC-14 with the SBWC
• Send a copy of the form to your employer and their insurance company
• Get all the necessary medical treatment for your injuries
• Hire a Georgia workers’ compensation or disability lawyer in Atlanta to help you with your claim and protect your rights

Denials Are Common for Workers’ Compensation and Social Security Disability Benefits

Unfortunately, many applicants get denied SSDI benefits and workers’ compensation on the first try. If that happens to you, don’t get disheartened. There are many legal options available for you that you can take advantage of to ensure you get the payments you need to move forward.

A lawyer can evaluate your SSDI application or your workers’ compensation case and take the steps required to appeal a denied claim. Remember, don’t wait until the last minute to act on your situation. The longer you wait, the more challenging it becomes to get fair compensation.

How Long You Have to File a Workers’ Compensation and Disability Claim

It’s important to familiarize yourself with the statute of limitations for workers’ compensation claims in Georgia after a workplace injury. According to the statute, you have one year from the date of your accident to file a claim. Missing the deadline could stop you from getting the workers’ comp benefits you need to support your disability.

If you are hoping to collect workers’ comp and SSDI benefits, you won’t have to worry about getting your SSDI application filed within a certain period of time. That being said, you’ll want to start your application soon, as it can take many months to get approved for benefits.

How a Workers’ Compensation or Social Security Disability Attorney Can Help

If you are dealing with a permanent disability or lasting work-related injury, you’ll want to talk to a lawyer who has experience with both workers’ compensation and SSDI claims. Depending on your situation, there are sometimes advantages to filing one before the other. An SSDI or workers’ compensation attorney can advise you on the best course of action for your situation and needs.

Here’s what an experienced attorney can do to help you get the best results possible:

• Calculate how much you should receive from a workers’ compensation settlement or disability payments
• Help you file all your legal applications, documents, and paperwork accurately so that there are no issues
• Prove your workers’ compensation or SSDI case by gathering medical bills and other evidence that supports your injury or medical condition
• Talk to experts in various fields to obtain their supporting testimony on your behalf
• Represent you and fight for your rights when dealing with the insurance company or the SSA

Talking to an SSDI or workers’ comp attorney comes with zero risk or obligation. Most lawyers offer free consultations and contingency fee representation. In other words, you won’t have to pay unless your lawyer can obtain benefits on your behalf.

Talk to a Georgia Workers’ Compensation Lawyer for Free Today

Both workers’ compensation and disability benefits can help you make ends meet after an injury or condition prevents you from working. At John Foy & Associates, we have more than two decades of experience helping individuals with both types of claims, and we can assist you, too.

Contact our law firm to schedule a free consultation with an experienced workers’ compensation lawyer. They’ll meet with you to discuss your situation and your legal options. If they agree to take on your case, they’ll represent you on a contingency-fee-basis and fight for every last penny of disability benefits you’re owed.