Can You Collect Workers’ Compensation and Disability at the Same Time?

Yes, it is possible to collect workers’ compensation and Social Security Disability Insurance (SSDI) benefits at the same time. However, you will need to qualify for both compensation programs to receive the most benefits.

SSDI benefits may affect how much you can collect from a workers’ comp claim and vice versa. An experienced lawyer can help you understand which benefits can best help you recover your medical costs and loss of income after an injury.

Our Atlanta workers’ compensation lawyers have been fighting for people like you for over two decades. Contact us today for a free consultation and to learn how The Strong Arm can help.

Workers’ Compensation Vs. Disability Benefits

If you intend to file a workers’ comp claim and a social security disability claim, it’s important to know the differences between the two. Understanding both types of compensation can help you get the money you need to recover from your workplace injury.

A workers’ compensation lawyer from John Foy & Associates can determine which benefits you’re eligible for and determine whether you can collect workers’ compensation and disability. 

How Workers’ Compensation Works

Workers’ compensation insurance is coverage that your employer purchases to help injured workers afford medical care and other costs. According to Georgia’s workers’ compensation laws, employers with three or more regular employees must carry workers’ compensation coverage.

The law also states that workers’ comp must cover you from your first day of employment. If your employer’s policy covers you, you can file a workers’ compensation claim to obtain the following benefits:

• Medical expenses
• Supplemental income based on your current earnings
• Disability benefits

Your job injury does not have to be from a workplace accident that occurred while you were performing work duties for you to qualify for workers’ compensation in Georgia. 

That said, your injury must have occurred while you were on the clock to qualify for benefits.

How Social Security Disability Insurance Works

Social Security Disability Insurance (SSDI) is a federal program run by the Social Security Administration. If you have worked a job, you’ve paid into SSDI with a portion of each paycheck you’ve earned. SSDI is meant to provide disabled workers like yourself with income for conditions that make it impossible to work.

SSDI is similar to workers’ comp in that you must have a disability that prevents you from going to work to receive compensation benefits. In addition, both benefits typically continue until you can return to work regularly.

The two programs differ because, unlike workers’ compensation, SSDI can provide compensation for disabilities that weren’t sustained at work. Several other eligibility qualifications are unique to SSDI. If you are wondering how you qualify for Social Security Disability disability insurance, you must:

• Have earned enough work credits over the past 10 years
• Have paid into SSDI through your previous employment
• Have a condition that the SSA recognizes as disabling
• Be unable to work for at least a year or have a condition that is expected to end in death

Collecting Workers’ Compensation and SSDI at the Same Time

Since workers’ compensation and SSDI are two separate entities, receiving one does not disqualify you from collecting the other. If you were hurt at work and are waiting to get accepted for SSDI benefits, you can receive workers’ compensation benefits as helpful supplemental income.

Workers’ compensation is typically provided on a more temporary basis than SSDI. If your workers’ compensation ends while you are still getting Social Security benefits, you will need to let the SSA know. You might be eligible for higher Social Security benefits if you no longer collect workers’ compensation.

How Workers’ Compensation and SSDI Define Disability

If you are planning on collecting workers’ compensation and disability benefits at the same time, it’s important to understand that the Georgia State Board of Workers’ Compensation (SBWC) and SSA have different definitions for disability. Under workers’ comp, you are covered if a work injury prevents you from performing your current job duties.

On the other hand, Social Security can only be collected when you are disabled. That means you cannot perform any type of work, including previous jobs or any other jobs. If you are permanently disabled because of your work injury, you might be able to receive permanent total disability benefits and SSDI benefits at the same time.

You may also have access to temporary partial or permanent partial disability benefits through workers’ compensation if you have to take a lower-paying job when you return to work. In this situation, you would not be able to collect SSDI benefits at the same time because you are still earning income.

Getting Approved for Workers’ Compensation Payments and Disability Benefits

If you’ve sustained a lasting injury in a workplace accident or another incident, you’ll want to get started on your claims right away. Taking the following steps can give you the best chance possible at receiving the benefits you deserve:

• Report your work injury to your employer
• Complete and file a Form WC-14 with the SBWC
• Send a copy of the form to your employer and their insurance company
• Get all the necessary medical treatment for your injuries
• Hire an Atlanta Social Security Disability lawyer to help you with your claim and protect your rights

Denials Are Common for Workers’ Compensation and Social Security Disability Benefits

Unfortunately, many applicants get denied SSDI benefits and workers’ compensation on the first try. If that happens to you, don’t get disheartened. There are many legal options available for you that you can take advantage of to ensure you get the compensation payments you need to move forward.

A lawyer can evaluate your SSDI application or your workers’ compensation case and take the steps required to appeal a denied claim. Remember, don’t wait until the last minute to act on your situation. The longer you wait, the more challenging it becomes to get fair comp benefits.

How Long Do You Have to File a Workers’ Compensation and Disability Claim?

It’s important to familiarize yourself with the statute of limitations for workers’ compensation claims in Georgia after a workplace injury. According to the statute, you have one year from the date of your accident to file a claim. Missing the deadline could stop you from getting the workers’ comp benefits you need to support your disability.

How a Workers’ Compensation or Social Security Disability Attorney Can Help

If you are dealing with a permanent disability or lasting work-related injury, you’ll want to talk to a lawyer who has experience with both workers’ compensation and SSDI claims. Depending on your situation, there are sometimes advantages to filing one before the other.

Here’s what an experienced attorney can do to help you get the best results possible:

• Calculate how much you should receive from a workers’ compensation settlement or disability payments.
• Help you file all your legal applications, documents, and paperwork accurately so that there are no issues.
• Prove your workers’ compensation or SSDI case by gathering medical bills and other evidence that supports your injury or medical condition.
• Talk to experts in various fields to obtain their supporting testimony on your behalf.
• Represent you and fight for your rights when dealing with the insurance company or the SSA.

Talking to an SSDI or workers’ comp attorney comes with zero risk or obligation. Most lawyers offer free consultations and contingency fee representation. In other words, you won’t have to pay unless your lawyer can obtain benefits on your behalf.

Talk to a Georgia Workers’ Compensation Lawyer for Free Today

Both workers’ compensation and disability benefits can help you make ends meet after an injury or condition prevents you from working. At John Foy & Associates, our law firm has more than 350 years of combined experience helping individuals with both types of claims, and we can assist you, too.

Contact our lawyers to schedule a free consultation with an experienced workers’ compensation lawyer. We’ll discuss your situation and your legal options during your free consultation.

If we agree to work together, we’ll represent you on a contingency fee basis and fight for the disability benefits you deserve. The Strong Arm can help you get back on track.