If you are injured on the job in the State of California, and you are already receiving Social Security Disability benefits for some other reason, you may hesitate to apply for workers’ compensation.
There are some circumstances in which workers’ compensation benefits may affect your compensation (SSD) Social Security disability benefits).
The Social Security Administration (SSD) handles the approval and payments for Social Security Disability benefits.
Insurance companies and employers, including state and federal agencies, may pay your workers’ compensation benefits based on your type of work.
The Social Security Administration (SSD) takes into account the amount you receive from workers’ compensation and supplements your income.
The total of these payments cannot “exceed eighty percent of your average current earnings before you became disabled.”
Essentially, if you received eighty percent of SSD before the injury, workers’ compensation benefits would lower your SSD payment. However, the total amount of both would remain the same.
That is, your income stays the same. For those who choose to accept a lump sum worker’s compensation payment, the payment may also affect your SSD income.
If worker’s compensation benefits stop, you can request an SSD earnings adjustment. The same applies to other disability benefits you may currently receive from other sources.
If you are not sure what percentages the administration uses to calculate your average current earnings, be sure to contact the SSA regarding these calculations.
There are other sources of income that do not affect SSD income, such as VA Veterans Administration benefits.
If you were injured at work and are in any of these cases, it is very likely that you will need legal advice or representation to obtain the benefits to which you are entitled, so it is advisable to contact a lawyer dedicated to compensation cases at worker (Workers’ Comp). and contact your social security office.
This article is not intended to serve as legal advice. It is for informational purposes only.