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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