Ask a Lawyer - Work Comp and SSD

I was injured on the job about 18 months ago and have been receiving Worker’s Compensation. Unfortunately, I have now decided that I am just unable to work anymore and want to file for Social Security Disability. I was told by a fellow worker that if I received Worker’s Compensation that I could not draw Social Security Disability also without causing a reduction in my benefits. Can anything be done about it? Tommy J., Townley

Nothing causes more confusion than the interaction between Social Security Disability benefits and Worker’s Compensation and the so-called offset this may create. Generally, you can receive no more in combined Social Security disability and Worker’s Compensation than eighty percent (80%) of your highest wages earned in the last 5 years prior to your disabling injury.

An experienced attorney in this field, acting on your behalf, can legally draft a worker’s compensation settlement to avoid such an offset due to the receipt of the combined benefits. Computing your worker’s compensation over your lifetime, even if it is accepted all at one time, usually avoids such a reduction in benefits.