Can I Get Workers’ Compensation And SSDI Benefits At The Same Time?
Serious and disabling injuries and health conditions can happen in various ways, including at the workplace. While the Social Security Disability Insurance (SSDI) program provides benefits for disabling injuries regardless of whether they occurred at work, many people who are injured on the job ultimately want to seek both SSDI benefits and workers’ compensation benefits. If you sustained an injury or were diagnosed with a disease that resulted from your job, are you eligible to seek both SSDI benefits and workers’ compensation benefits? The short answer is that you can receive both workers’ compensation and SSDI benefits, but receiving workers’ compensation benefits might reduce the amount of SSDI payments you receive. Our Harrisburg SSDI lawyers can explain in more detail.
Workers’ Compensation Benefits May Reduce Your SSDI Payments
You can be eligible to receive both SSDI payments and workers’ compensation benefits, but your workers’ compensation benefits could reduce the amount you receive in SSDI payments. How does this type of calculation work?
The total amount of your workers’ compensation payments and your SSDI payments cannot exceed 80 percent of your average current earnings prior to your disability. The compensation rate for workers’ compensation wage loss payments in Pennsylvania is 66 and 2/3 percent of the average weekly wage, while SSDI benefits are calculated based on your average lifetime earnings prior to your disability. If the total of both benefits is greater than 80 percent of your average current earnings, then your SSDI payments will be reduced so that your total benefit does not exceed that 80 percent mark.
Eligibility Requirements Are Different for Workers’ Compensation and SSDI Benefits
The issue of receiving concurrent SSDI and workers’ compensation benefits will only be an issue if you were injured at work, and if you are eligible to receive both workers’ compensation and SSDI benefits. It is important to know that the eligibility requirements for these types of benefits are very different from one another.
In order to be eligible for workers’ compensation benefits in Pennsylvania, you will need to show that your injury arose out of your employment, and the injury cannot have been self-inflicted or have resulted from your own violation of the law. Workers’ compensation benefits are possible for employees regardless of negligence. Receiving SSDI benefits requires a person to meet different eligibility requirements. It does not matter if your injury occurred at work. Instead, you will need to show that your injury prevents you from engaging in any type of substantial gainful activity (known as SGA) for at least 12 months, or your injury must be expected to result in death. In addition, you must have worked for a long enough period of time, and recently enough, to qualify for SSDI benefits.
Given the varying requirements, you may only be eligible to receive workers’ compensation benefits or SSDI benefits. A lawyer can help you to determine your eligibility for both types of benefits.
Contact a Harrisburg SSDI Lawyer Today
Do you have questions about how SSDI benefits and workers’ compensation benefits can affect one another, or your eligibility for either type of benefits? One of the Harrisburg SSDI attorneys at Ira H. Weinstock, P.C. can speak with you about your options.
Source:
ssa.gov/pubs/EN-05-10018.pdf
