If you've been hurt at work, you might be wondering if you can get both Workers' Compensation (Workers' Comp) and Social Security Disability Insurance (SSDI) benefits at the same time. The short answer is yes, but there’s more to it. Let's break it down in a way that's easy to understand, so you know exactly what to expect.
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What Is Workers' Compensation?

Workers' Comp is a type of insurance that covers you if you get injured or sick due to your job. It helps pay for medical expenses and replaces a portion of your lost wages. If your injury is serious enough to prevent you from working for a while, Workers' Comp benefits can help you financially until you're able to get back on your feet.

What Are Social Security Disability Benefits?

Social Security Disability Insurance (SSDI) is a federal program that provides benefits to people who can't work due to a disability that lasts at least one year or is expected to result in death. Unlike Workers' Comp, SSDI benefits are available for injuries or conditions that happen outside of your job, but if you're disabled for a long time, SSDI can be a big help financially.

Can You Get Both Benefits at the Same Time?

Yes, you can qualify for both Workers' Comp and SSDI benefits at the same time, but there are rules that might affect the amount you receive.

1. How Much Can You Get from Workers' Comp?
   Workers' Comp benefits typically cover about 66.7% of your average weekly wage while you're recovering from your injury. This is a basic wage replacement to help you stay afloat while you're out of work.
   
   

2. How Much Can You Get from SSDI?
   SSDI benefits vary based on how much you’ve earned and paid in Social Security taxes over the years. The average monthly SSDI payment in 2022 was about $1,356, but it can be higher or lower depending on your work history.
   
   

What Happens When You Get Both at the Same Time?

Here’s where it gets a little tricky. While you can receive both Workers' Comp and SSDI benefits, the total amount you receive from these two programs combined can't exceed 80% of your pre-disability earnings. If the total amount goes over that, your SSDI benefits will be reduced. This is known as the “offset”.

The Workers' Comp Offset

Let’s say your average weekly wage before the injury was $1,000. Here’s how the numbers might look if you get both benefits:

● Workers' Comp: 66.7% of your average wage = $667 per week

● SSDI: Let’s say you qualify for $400 per week.

The total would be $1,067, which is more than 80% of your original weekly wage ($800). So, your SSDI would be reduced to keep the total at $800. In this case, the Social Security Administration would cut your SSDI benefits by $267, leaving you with a total of $800 per week in benefits—$667 from Workers' Comp and $133 from SSDI.

How Does the Offset Work?

The offset ensures that you don't receive more than 80% of your pre-injury wages, even if you're getting both types of benefits. The amount of reduction depends on your income before the injury and how much you're getting from Workers' Comp and SSDI.

What If You Get a Lump Sum Settlement for Workers' Comp?

If you decide to settle your Workers' Comp case for a lump sum instead of continuing to receive weekly benefits, this can affect your SSDI payments. The Social Security Administration will take that lump sum and divide it by the monthly SSDI amount to figure out how many months you'll go without receiving SSDI benefits.

For example, if you get a $50,000 settlement and your SSDI payment is $500 per month, the SSA might decide to freeze your SSDI payments for about 100 months (50,000 ÷ 500 = 100 months).

What About Reverse Offsets?

In some states (like Florida), there are "reverse offsets" where the Workers' Comp insurer gets the benefit of paying less. This could happen if the combined payments from both systems exceed 80% of your pre-injury income. In this case, the insurance company might reduce the amount they pay, but you still receive the total amount you’re entitled to—just in a different way.

Should You Apply for SSDI Before or After a Workers' Comp Settlement?

If you're eligible for both benefits, it’s often recommended to apply for Workers' Comp first. This is because Workers' Comp claims are usually quicker and easier to approve. Once you’ve received your Workers' Comp benefits for a while, you can then apply for SSDI. Just be aware that the SSDI approval process can take longer and may require you to appeal if your claim is denied.

In Conclusion

Navigating Workers' Comp and SSDI benefits can be confusing, especially if you're dealing with both at the same time. The good news is that it’s possible to receive both, but there are rules to be aware of, especially the offset rule, which could reduce your SSDI payments. It’s important to get legal advice from an experienced workers' compensation attorney who can help you make sense of the process and ensure you’re getting the full benefits you're entitled to.

If you're facing both a Workers' Comp and SSDI claim, don't hesitate to reach out for guidance. It’s your right to receive the maximum benefits for your situation, and a knowledgeable attorney can help you navigate these complex systems