Social Security Disability and Workers Comp—can you receive both at the same time in Pennsylvania? Yes, in many cases, but SSDI may be reduced so your combined benefits don’t exceed 80% of your pre-injury earnings. This is crucial for those who have suffered injuries that hinder their ability to work. Here’s how the process works and what to expect.
After a Work Injury in Pennsylvania
Following your severe workplace accident in Pennsylvania, you likely headed directly to the emergency room at the closest hospital. When you learned you couldn’t return to work, your first worry was lost income. Tell your employer right away and keep copies of your medical records, discharge papers, and any work restrictions. Proper documentation from the outset is essential for your workers’ compensation and Social Security Disability (SSDI) claims.
How Workers’ Comp Replaces Part of Your Pay
Workers’ comp helps cover medical costs and replaces part of your income. In most cases, it pays about two-thirds of your average weekly wage. The average is calculated using state formulas, so your benefit will be less than your regular paycheck. It’s important to understand the limits of workers’ compensation and what it covers. For example, medical costs for treating your workplace injury are usually covered. However, there may be exceptions based on the type of injury or if it was pre-existing. Understanding these nuances can help you plan for potential gaps in your income and expenses during your recovery.
Why Apply for Social Security Disability (SSDI)?
Fortunately, you do have the option to apply for Social Security disability benefits, too. SSDI is different from workers’ comp. You qualify based on your work history, not on how the disability happened. Instead, it is based on whether you can achieve gainful employment in your newly reduced physical circumstances. Engaging with your medical providers and obtaining thorough documentation of your condition is essential for supporting your SSDI application.
Social Security Disability and Workers Comp: Can You Receive Both?
Less fortunate is the fact that receiving both WC and SSD benefits will still not equal your full earnings. When you receive Social Security Disability and Workers Comp at the same time, federal “offset” rules apply. Social Security compares your combined disability payments to 80% of your pre-injury average current earnings. If the total would exceed that cap, SSDI is reduced so the combined amount stays at or below 80%. For example, if workers’ comp pays 66%, SSDI can add up to 14% so your total reaches the 80% cap.
Other Programs and Important Note
You may qualify for other programs that are not offset by your total WC and SSD benefits, and other factors may apply. Therefore, this general information should not be interpreted as legal advice.
For additional inquiries regarding workers’ compensation, we are here to assist you. To understand the claims process, please refer to this article.
If you’ve suffered an injury at work, act quickly. Reach out to us by phone to schedule a meeting with our skilled attorneys who can assist you with your workers’ compensation claim. We are located in Hermitage and Jamestown for your convenience. Get in touch with us today to consult with our experienced lawyers.
