Is workers comp compatible with Social Security Disability?

| Jan 16, 2018 | Workplace Injuries |

Workers in Louisiana who suffer potentially debilitating injuries on the job may be concerned not only about their short-term ability to provide income for themselves and their families but also the long-term effects if they cannot return to work for the foreseeable future. Some people may be under the mistaken impression that if one collects benefits under an employer-sponsored workers compensation insurance plan, he or she may be ineligible to collect from Social Security Disability Insurance. The good news is that, in most cases, this is not true.

While Social Security Disability Insurance is administered through the federal government, workers compensation insurance is mandated and stipulated by each state. The two entities do not coincide or conflict with each other directly. However, there are limitations on how much a person can collect from SSDI if workers compensation is also being collected. The combination of the two cannot exceed 80 percent of the person’s prior income before becoming injured.

There is also a difference in how workers compensation and SSDI view the matter of a person’s incapacity. Workers compensation is mostly concerned with the person’s ability to perform his or her job with the covered employer while Social Security Disability Insurance looks at the person’s total ability to work.

When an on-the-job injury such as a neck injury, back injury, spinal injury, brain injury or leg injury causes a person to be unable to perform his or her duties, it can be frightening for the person and family members who are worried about loss of income. Additionally, it may be difficult to understand the rights to which the worker may be entitled. Injured employees may wish to consult an attorney who is experienced in work-related injuries and the rights of those affected by them.