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

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

If you are an injured worker, you may be asking whether you can collect social security disability and workers compensation at the same time. The short answer is yes! The Carter Mario Law Firm can help you maximize your workers’ compensation and social security disability benefits.

SSDI vs. Workers’ Compensation Benefits

If you were injured at work and became totally disabled, you may wonder if you can collect workers’ compensation and Social Security Disability Insurance (SSDI) and workers’ compensation benefits simultaneously. While social security disability and workers’ compensation both benefit injured workers, many differences exist between these programs. Due to the complex legal issues surrounding these benefits, you should consult an attorney before beginning the application process.

Workers’ Compensation

Under Connecticut law, workers’ compensation benefits are available to injured workers. If you were an employee who suffered a workplace injury or developed an occupational illness while in the scope and course of your employment, you are entitled to make a workers’ compensation claim. Workers’ comp is a form of no-fault insurance which is designed to provide financial benefits and medical treatment following an on-the-job accident.

Social Security Disability

Social Security Disability Insurance benefits are provided by the Social Security Administration and are intended for individuals who are permanently disabled due to a recognized medical condition which is expected to last at least 12 months or result in death. If your condition is not formally recognized by federal law, you must present medical evidence showing you suffer from a medically determinable impairment significantly reducing your functional capacity. As a general rule, it can take a long time for your social security claim to be approved before you can receive SSDI benefits.

Collecting Both SSDI & Workers’ Compensation

While workers’ compensation and social security are separate entities, it is important to note the total amount of combined benefits cannot exceed a certain threshold. If the combined amount of benefits received exceeds the 80 percent threshold, your SSDI payments may be reduced. In certain cases, it is possible to collect workers’ compensation and SSDI benefits simultaneously.

The 80 Percent Rule

The 80 Percent Rule is crucial to consider if you intend to collect workers’ comp and SSD benefits. Under the 80 percent rule, the combined amount of your SSDI payment and workers’ comp payment cannot exceed 80 percent of your pre-disability average monthly earnings. The social security administration has three methods to calculate your average current earnings:

  • Social security calculates your average income based on a five-year period in which you earned the most money before you were injured.
  • Social security calculates your average income based on the year in which you made the most money in the five years before your injury.
  • Social security calculates your average income based on your job history and previous income before you became disabled.

What to Do If Your Benefits Get Denied

It can be frustrating and overwhelming if your claim for workers’ compensation or SSDI benefits gets denied. However, there are steps you can take to appeal the decision. An attorney can work with you to gather any additional medical evidence or supporting documentation to strengthen your case. 

How an SSDI / Workers’ Comp Lawyer Can Help

Navigating the complexities of the workers’ compensation and Social Security systems can be challenging, especially if your benefits are denied or you want to ensure you receive the maximum available benefits. A workers’ comp attorney can reduce the impact of receiving workers’ compensation benefits on your SSDI benefits by including spreading language in the settlement agreement, which spreads workers’ comp payments throughout your life. Additionally, a workers’ comp attorney can include “set aside” in your workers’ compensation settlement agreement which sets aside money for future medical treatment and thereby avoid an offset of SSDI payments.

Talk with a Disability Attorney Today

You should consult a disability attorney if you have questions or concerns about collecting social security disability benefits and workers’ compensation benefits following a work related injury. The Carter Mario Law Firm has been protecting the rights of injured workers for over 30 years. Contact us today for a free consultation.

Client Victories

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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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    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.