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Workers Compensation benefits and Social Security Disability Benefits
If you have incurred a work-related injury, it is important that you plan carefully, preferably with an attorney, before claiming and accepting any lump sum settlement. This is because even if you qualify for both Social Security Disability Insurance (SSDI) benefits and workers' compensation benefits, your workers' compensation benefits can hugely impact the amount of Social Security Disability you will receive.
Workers' Compensation is a benefit program offered by different state governments. It provides benefits to employees who have been injured on the job.
SSDI benefits, on the other hand, is a program run by the federal government. It offers benefits to employees with various disabilities.
1. Workers who have paid Federal Insurance Contributions Act (FICA) taxes for 5 out of the last 10 years.
2. Those whose disability has lasted or will last for more than a year, preventing them from any gainful employment.
Differences between workers' compensation benefits and SSDI benefits:
Employees are insured for workers' compensation benefits their first day on the job. Claimants are eligible for SSDI benefits only if they have worked for 5 out of the last 10 years.
Workers' compensation benefits are offered for partial or total disabilities covering short or long term duration subject to limitations. SSDI benefits are only given to workers with long-term disabilities that prevent them from being gainfully employed. Unlike workers' compensation benefits, there is no requirement that an injury occurred at work in order to be eligible for SSDI benefits.
The proceeds of a workers' compensation settlement can reduce the amount of your SSDI entitlement. The attorneys at Kantrovitz & Kantrovitz will pro-rate any lump sum settlement to avoid any negative impact on future SSDI entitlements. The combination of both your workers' compensation and SSDI benefits cannot exceed 80% of your Average Current Earnings.
Since filing for workers' compensation benefits and Social Security Disability benefits can be quite confusing and stressful, you can seek the help of the attorneys at Kantrovitz & Kantrovitz who have the necessary experience in both federal and state laws. They will help to maximize your recovery from these two separate programs.