Will My Social Security Benefits Affect My Worker’s Compensation?
It is not unheard of for a worker to receive social security disability insurance benefits and worker’s compensation benefits at the same time. They are the two biggest work-based disability programs in the United States. While both pay out for a disability, social security disability insurance (SSDI) benefits are paid to those who cannot be employed due to the work-related injury. Worker’s compensation benefits can be temporary, long term, partial or total disability. Not all employees are covered by state workers’ comp insurance. Some employees are covered by other compensation laws administered by the U.S. Department of Labor (DOL).
Worker’s Compensation Benefits Will Change
If you receive worker’s compensation benefits and SSDI for a workplace injury, the total amount of both cannot exceed 80 percent of your average current earnings before you became injured.
An “Offset” to Worker’s Compensation Benefits
If the total amount exceeds 80 percent, the “excess” is deducted from your SSDI benefits. This is called a “worker’s compensation offset.”
How to Minimize the Offset
Many disability lawyers will draft settlements to minimize the SSDI “offset”. The language in these documents will determine how much is subject to “offset.” Also, some will exclude medical expenses, medical care, health care, and legal expenses from the worker’s compensation insurance lump sum. The language and the issues to be settled come from state law, not federal gov law. Thus, they will vary from state to state as workers’ compensation programs do.
Get the Workers’ Compensation Coverage You Deserve
If you are receiving these workers’ compensation program benefits at the same time, please contact us today. We will make sure you understand how SSDI affects your worker’s compensation coverage and vice-versa. We will get you the most from your benefits. Schedule a free consultation today.
Contact the Law Offices of Craig A. Altman Today
Collecting a workers’ compensation check can often be a challenge for someone suffering from a job-related injury. Sometimes injured employees are unfairly denied the benefits and workers’ compensation they need to support themselves while injured and support their families.
That’s why a qualified and experienced workers’ compensation attorney, like those found at the Law Offices of Craig A. Altman, is a sound strategy. Having a workplace injury lawyer and expert with the New Jersey Workers’ Compensation Act on your side makes filing a workers’ compensation claim a lot easier, and gives you an advocate in the legal system to fight for the benefits to which you are entitled. We are knowledgeable of workers’ compensation law and the workers’ compensation system.
Our workers’ compensation lawyers have decades of experience in helping injured workers with their workers comp claims by providing legal advice and helping them obtain the benefits that they rightfully deserve. If you or someone you know suffered a job injury, personal injury, or needs help battling insurance companies, don’t hesitate to call one of our workers’ compensation attorneys. We will fight on your behalf to get you the workers comp insurance that you deserve.
Our law firm understands the difficulties following a work-related injury, which is why we form an attorney-client relationship and act in your best interest. The experienced workers’ compensation attorneys at the Law Firm of Craig Altman will help you navigate the complicated New Jersey Workers’ Compensation system, deal with your employer’s insurance company, and fight to get you the medical treatment and type of settlement you deserve. Contact us today for a free consultation or to learn more about our other practice areas at (856) 485-4747 for our New Jersey office, or (215) 791-8848.