Can you receive both Workers’ Compensation benefits and Social Security Disability benefits at the same time?  The answer is yes.  However, the requirements that must be met to qualify for these benefits are considerably different.

Workers’ Compensation wage payments are based on a work-related injury/disability that causes you to lose wages. Social Security Disability benefits are based on a decision of whether you are able to engage in substantial and gainful work activity.  If you cannot work, you may be entitled to Social Security Disability payments.

Social Security Disability payments are offset by any Workers’ Compensation wage payments you received for the same period. Workers’ Compensation also provides payment for all reasonable and necessary medical care for your work-related injury.  However, it only provides coverage for your work injury.

Social Security Disability recipients may be entitled to Medicare coverage.  Medicare does not pay for medical care related to a work injury, but will provide coverage for other medical conditions.

You can proceed with a Social Security claim even if you are receiving Workers’ Compensation benefits.   In fact, it is in your best interest to pursue a Social Security Disability claim.  

If you are receiving both Workers’ Compensation benefits and Social Security Disability benefits, you need to know how to maximize the entitlements of both so you are receiving all the benefits available.

If you have questions about your Workers’ Compensation benefits or Social Security Disability benefits, please contact Stark & Stark’s Workers’ Personal Injury attorneys to discuss your rights.