How Worker’s Comp Affects Social Security Disability Benefits

If you receive disability payments from worker’s compensation and/or payments from another form of public disability, your Social Security disability benefits may be reduced. Your combined incomes from your worker’s compensation and your Social Security disability benefits can not exceed 80 percent of your monthly average earnings. To ensure that your disability benefits and worker’s compensation payments are not more than 80 percent of your average earnings, your Social Security disability payments will be reduced.

Workers compensation is payment made to a worker due to a job-related sickness or injury. Federal or state agencies, employers or insurance companies pay worker’s compensation. Worker’s compensation payments are counted as monthly earnings and combined with Social Security disability benefits, may not exceed 80% of your earnings.

Other payments that may influence your Social Security disability benefits are Public disability payments (PDB). Public Disability payments are paid under federal, state or local government law. PDB is different from worker’s compensation because PDB payments do not necessarily have to be for disabilities that are work-related. Some types of Public disability are civil service disability benefits, state or local government retirement benefits, and state temporary disability benefits.

If you would like more information on types of public disability that may affect the amount of Social Security disability benefits you receive, you can contact a Social Security disability lawyer, who is very knowledgeable about Social Security law.

Example:
Joe currently receives Social Security disability benefits for a disability. Joe is a construction worker and was injured on the job during a construction accident. For his work-related injury, he will begin to receive worker’s compensation payments in addition to Social Security disability payments. Worker’s compensation is different from Social Security disability benefits and Joe may receive both types of payments. However, the payments Joe receives from Social Security disability and worker’s compensation combined may not equal more than 80% of his average current earnings. This means that if the combined payments of worker’s compensation and Social Security disability are more than 80% of Joe’s monthly earnings, Joe’s Social Security disability payments will be reduced. Joe can contact a Social Security disability lawyer, who specializes in Social Security law, for more information about his Social Security disability benefits and how they are affected by worker’s compensation.

If you have a question about social security law or want to file a social security claim in California, contact the Law Office of Louis J. Vigorita now.