Can I get both SSD benefits and workers’ compensation?

As the followers of this West Palm Beach, Florida, Social Security disability benefits law firm’s blog know, our office represents Florida clients both in obtaining disability benefits through the Social Security Administration and in getting workers’ compensation following a work-related accident or illness.

In theory, there is no reason why an injured Florida worker can, and even should, pursue benefits under both programs, provided of course that they are otherwise eligible to do so.

While workers’ compensation pays for a lot, it will not cover all of an injured worker’s lost wages. As a result, a worker who is now permanently disabled as a result of a workplace accident may need to look for other sources of compensation in order to make ends meet.

There is an important caveat about which workers need to be aware, however. While they may choose to draw benefits from both workers’ compensation and Social Security, if they elect to do so, then the Social Security Administration will cap their monthly benefit in order to account for the fact that they are also receiving workers’ compensation.

Specifically, between workers’ compensation and disability benefits, a worker may not make more than 80 percent of his or her average gross wage from the time before he or she got hurt. If benefits do equal more than this threshold, the Social Security Administration will reduce disability payments accordingly.

So, for example only, someone who was making $5,000 a month before an injury and is now drawing $3,000 a month in workers’ compensation will only be able to get $1,000 a month in disability, even if he or she is otherwise entitled to more. This is because 80 percent of $5,000 is $4,000.