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Can I Collect Workers’ Comp and Disability Benefits At The Same Time?

Workers’ compensation is awarded to individuals who are injured or who become ill while on the job, whereas social security disability benefits are awarded to those who have a disability or condition that prevents them from being able to perform their job duties.

When you have experienced an accident while on the job that has left you with a disability, you may be wondering how you can be compensated. Should you file for workers’ compensation or should you file for social security disability (SSD) benefits? Can you collect both?

While you can collect both workers’ compensation and SSD benefits at the same time, your workers’ compensation benefits may reduce your SSD benefits. Workers’ compensation benefits are paid by your employer, his or her insurance company, or by federal or state workers’ compensation agencies.

The 80 Percent Rule

The bottom line is that if you receive workers’ compensation benefits (or any other public disability benefits) AND social security disability benefits, your benefits may not add up to more than 80 percent of your average current earnings prior to becoming disabled. Should the total exceed this amount, the excess is simply deducted from your social security benefits.

For example, if you were averaging $4,000 a month prior to becoming disabled and received $2,200 per month in SSD benefits as well as $2,000 in workers’ compensation benefits, your total received ($4,200) exceeds 80 percent ($3,200) of your average current earnings ($4,000). Therefore your SSD benefits would be reduced by $1,000.

Should you receive a lump-sum workers’ compensation payment, it could impact the amount of SSD benefits that you receive. Additionally, any changes to the amount of your workers’ compensation or other disability payments made to you can affect the amount of SSD that you receive. Therefore if there are any changes, it is important that you notify the Social Security Administration as soon as possible.

The Attorneys at Carter Mario Law Firm Can Help

Calculating your average current earnings can be confusing and the formula may differ depending upon your specific circumstances. You don’t want to miscalculate what it is that you deserve. That’s why it’s in your best interest to consult with a knowledgeable and experienced Connecticut attorney who specializes in both workers’ compensation and social security disability law.

At Carter Mario we are deeply committed to protecting your rights. If you have suffered an injury at work that has left you disabled, you deserve to be compensated. Carter Mario Law Firm can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, call us at (203) 876-2711 today!

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Rear-End Collision

Our client sustained a significant injury to his cervical spine after a rear-end crash. After receiving a low initial offer from the insurance company, we fought hard for our client to get him the settlement he deserved.


Medical Misdiagnosis

Our client’s doctor misread an x-ray causing a delayed diagnosis of sarcoma, which resulted in our client’s death.


Failure to Treat

Gastroenterologist and primary care doctor failed to treat or transfer our client who was hospitalized for GI bleeding, which resulted in our client’s death.


Failure to Diagnose

Our client’s doctors failed to diagnose him with abdominal cancer, resulting in his death.


Medical Malpractice

Our client suffered brain damage, paralysis, and speech deficits after undergoing a bedside procedure.


Brain Damage

Our client suffered brain damage after their breathing tube was misplaced.


Failure to Diagnose

Our client’s doctor failed to diagnose Fournier’s Gangrene, resulting in necrotizing fasciitis, sterility, abnormal gait, and muscle loss.


Personal Injury Resulting in Death

Our client, an innocent bystander to a bar room brawl, required surgery for a ruptured Achilles tendon. After the surgery, our client developed a pulmonary embolism, resulting in his death.


Gas Poisoning

Our client suffered from carbon monoxide poisoning with cognitive loss after an on-site contractor ran gas engines during business hours.

Why choose Carter Mario?

We want justice and what’s best for you and your case. Here’s our promise:

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    A Team That Puts You First!

    Our clients are our #1 priority and everything we do is focused on getting you the best result! You are the reason we became lawyers. To the insurance company, you are no more than a claim number but to us, it’s personal. We’re here for you 24/7, 365 days a year. We communicate often and call you back the same day or lunch is on us. We believe an informed client is a happy client. You are the reason we fight!

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    Over $1 Billion Recovered!

    For over 30 years, we’ve fought fiercely and tirelessly against Big Insurance and won countless victories for our clients. You were already hurt physically when you came to us, but we make sure you aren’t hurt financially when you leave. Our goal is to give you a better tomorrow.

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    Experience On Your Side!

    No obstacle is too big. Our seasoned attorneys were handpicked and know how to hold the insurance companies accountable. We have experience in and out of the courtroom. Our attention to detail and in-depth investigation helps identify key evidence we use to prepare your case. Our attorneys have the knowledge, the dedication, and the passion it takes to win. They love what they do.

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    We Have a Large War Chest!

    When we go to trial, we are battle ready, but taking a case to trial takes more than confidence, experience, and commitment. It takes cutting edge technology and a War Chest to support the costs of zealous representation. Many firms aren’t willing or don’t have the resources and financial stability to front your costs and maximize your case. We’ll spend whatever it takes to get you every penny you deserve!

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    Making the Law Make Sense!

    At Carter Mario Law Firm, our mission is to make the law make sense. You’ve been injured and it wasn’t your fault. Life is suddenly overwhelming and confusing, and you don’t know where to turn. You need help, but it matters who you get. Let us come to your rescue. We’ll do the work, so you don’t have to. You can focus on you!

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Call (203) 876-2711 or Contact Us For a No-Obligation Case Evaluation. Our attorneys are standing by to evaluate your case, answer any questions, or discuss your next steps. Getting the compensation you deserve starts here!

    Client Testimonials

    Such a great experience

    "I had such a great experience with Carter Mario Law Firm. Everyone was amazing, helpful and comforting during this stressful time."

    - Michelle P.

    It felt really good to have someone

    "My son suffered an injury after being hurt in a car accident, and it felt really good to have someone fighting for the person you love."

    - Alex M.

    Tough and fearless

    "Look no further, you have found the best personal injury law firm in Connecticut. Tough and fearless, and I cannot think of anyone better to represent me."

    - Phillip Y.

    Attention to detail

    "Look no further, you have found the best personal injury law firm in Connecticut. Tough and fearless, and I cannot think of anyone better to represent me."

    - John L.

    Took so much stress off of me

    "When I had my work-related injury, Carter Mario took on the workers’ comp insurance company that tried to belittle me and dealt with them, which took so much stress off of me. Thank you so much."

    - Ruth H.