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Can I receive Social Security Disability Insurance and workers’ comp?

If you are eligible for both Social Security Disability Insurance (SSDI) and workers’ compensation benefits, you do not have to choose between the benefits. If you qualify, you can receive both types of benefits. However, your SSDI benefits may be reduced, depending on your previous income and the amount of benefits you receive.

Both SSDI and workers’ compensation benefits provide financial support for people who are unable to work due to disability, but they have important differences. Workers’ comp is paid because of a work-related injury or illness. Benefits may be paid by federal or state workers comp agencies, workers’ comp insurance companies or by employers.  SSDI is a federal benefit that workers who have paid enough in taxes can receive when a medical impairment prevents them from doing any substantial work for at least a year.

If you receive both workers’ comp and SSDI, the total amount of your benefits cannot be greater than 80 percent of your average earnings before you were injured or became disabled. In these cases, Social Security will reduce or offset your disability payments to eliminate the excess earnings.

It’s not just workers’ compensation payments that are subject to this reduction. Other public disability payments, such as civil service disability benefits, temporary disability benefits and state or local government disability-based retirement benefits can also affect the amount of your SSDI payment. Veterans Affairs benefits, Supplemental Security Income and state and local government benefits will not reduce the amount of your SSDI payment. An experienced disability attorney can provide more information about how workers’ comp and other benefits can affect SSDI.

Source: 

  • Our law firm handles workers’ compensation and SSDI benefits in Minnesota and other Midwestern states. For more information, see our page on SSDI and other benefits.

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