When you suffer an injury and cannot return to work, you have several options to recover compensation to help with medical bills and other expenses. Social Security Disability Insurance (SSDI) may provide benefits if you meet the guidelines specified by the Social Security Administration. If you were injured at work, you may also qualify for workers’ compensation.
It is possible to receive SSDI and workers’ compensation benefits at the same time. However, it’s important to understand how these two systems interact with each other because there are legal limitations. If you’re having trouble getting SSDI or workers’ comp benefits in South Carolina, an experienced attorney at Land Parker Welch LLC can determine what is necessary to get your claims back on track.
Call or contact us today for a free consultation.
How to Receive SSDI and Workers’ Comp at the Same Time
To qualify for both SSDI and workers’ compensation, you must meet the eligibility requirements of each program. SSDI is a federal program that awards disability benefits to qualifying claimants based on their income, work history, and the type of disability they have suffered.
In order receive SSDI:
- Your disability must be expected to last at least 12 months or result in death.
- You must no longer be able to perform the work you did before you became disabled.
- Your condition must interfere with your ability to maintain other employment.
Workers’ compensation is a system administered by the state of South Carolina. Most employers in the state are required to carry workers’ compensation insurance, which pays for accident-related medical expenses and a portion of an employee’s lost wages. Workers’ comp benefits are provided regardless who is at fault for the injury or illness.
Although you can receive both types of benefits at the same time, there are limits that can affect how much you are able to collect. To ensure that you collect maximum benefits from both programs, it’s a good idea to work with a South Carolina SSDI and workers’ compensation lawyer.
Workers’ Compensation May Offset SSDI Payments
If you are eligible to receive both SSDI and workers’ compensation, it’s important to know that the workers’ comp benefits may offset your SSDI payments. The total amount of combined payments you receive cannot exceed more than 80 percent of your income before you suffered the disability. If the combined total is greater than 80 percent of your earnings, the additional amount is taken out of the benefits you receive from SSDI.
While this does not always pose a problem, there are times when it may. If you received your workers’ comp benefits in a lump sum from your employer, it could affect your SSDI payments for several years. A workers’ compensation lawyer can advise on this offset and offer a potential solution.
Questions? Get Answers with Land Parker Welch LLC
If you have suffered an injury so severe that you cannot return to work, contact a South Carolina SSDI and workers’ compensation lawyer to learn what benefits are available to you. At Land Parker Welch, we can help you file a workers’ comp claim or an application for SSDI and give you the best chance of securing the benefits you need.
Ready to get started? Call or contact us online for a free consultation.
