Can I get both workers’ compensation and Social Security Disability benefits?

Frequently Asked Questions

Q: I got hurt on the job and I’m drawing workers’ compensation benefits. Can I get both workers’ compensation and Social Security disability benefits?

Answering your question.

Yes, you can get both Workers’ Compensation and Social Security Disability (SSDI) benefits at the same time, but there are important rules you need to understand. The two programs are different, but they can affect each other. Let’s break it down in simple terms.

Can I Get Both?

Yes — you can get both. But if you do, your Social Security Disability payments may be reduced so that your total income from both doesn’t go over a certain limit.

What’s the Difference Between Workers’ Comp and SSDI?

Workers’ Compensation	Social Security Disability (SSDI)
Pays you for a work-related injury or illness	Pays if you are disabled, no matter how it happened
Comes from your state or employer’s insurance	Comes from the federal government
Usually temporary, but can be long-term	For long-term or permanent disabilities

How the Offset Works (The Limit)

If you get both Workers’ Comp and SSDI:

• The total amount of money you receive can’t be more than 80% of your average earnings before you became disabled.
• If it is, Social Security will reduce your SSDI to stay under that 80% limit.
  

Example:

Let’s say:

• Before your injury, you made $4,000/month
• 80% of that is $3,200
• You now get $2,000/month from Workers’ Comp
• Social Security would reduce your SSDI to no more than $1,200/month, because $2,000 + $1,200 = $3,200

This is called the “workers’ compensation offset”.

When Can You Apply for SSDI?

You don’t have to wait until your Workers’ Comp ends. You can apply for SSDI right now if:

• You’re unable to work full-time,
• Your condition has lasted (or will last) at least 12 months, or is expected to be permanent

Tip: Applying early is smart, because it takes months to process, and you may be owed back pay later.

What If You Also Get a Settlement?

If you get a Workers’ Comp settlement, it could affect your SSDI amount. But a lawyer can help word the settlement properly so your SSDI doesn’t get reduced as much. This is called “structuring” the settlement.

What About SSI?

If you’re also thinking about applying for SSI (Supplemental Security Income), keep in mind:

• Workers’ Comp counts as income
• SSI is need-based, so your benefits may be reduced or denied if you get too much from Workers’ Comp
  
  

Simple Summary:

Question	Answer
Can I get Workers’ Comp and SSDI together?	Yes, but SSDI may be reduced
Do I have to wait for Workers’ Comp to end?	No, you can apply for SSDI now
Can a settlement affect SSDI?	Yes, but a lawyer can help minimize that
Can I get SSI too?	Maybe — but it depends on your income

What Should I Do Next?

• Apply for SSDI if your injury will keep you from working for 12 months or longer.
• Talk to a disability attorney to help avoid mistakes and protect your full benefits — they don’t charge anything up front.
• Keep records of your Workers’ Comp checks, medical treatment, and any settlements.