Quick Answer It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.
It is possible to receive Social Security disability and workers’ compensation benefits at the same time. However, workers’ compensation and other public disability benefits may reduce Social Security disability benefits.
When someone is eligible for both workers’ compensation and Social Security disability benefits, the state may modify or “offset” the Social Security benefit. It can be beneficial to contact an attorney to see how workers’ compensation or other benefits could affect your Social Security disability payments. Importantly, reporting receipt of workers’ compensation is one of your responsibilities when receiving disability.
In addition, as Social Security disability payments are frequently insufficient to cover all of a person’s living expenses, it’s important to collect all the other benefits to which you may be entitled, and, if you are able, even try to supplement your income with part-time employment (but take care not to earn more than what would be considered substantial gainful activity by the Social Security Administration). An attorney can help advise on the best course of action for your unique claim.
Understanding the Difference Between SSDI and Workers’ Comp
Social Security disability payments and workers’ comp are two separate programs that provide compensation after an injury or accident. What they have most in common is that millions of Americans rely on them. It is possible to receive both Social Security disability insurance as well as workers’ compensation payments at the same time, but having one does not automatically qualify you for the other; additionally, receiving one kind of payment can reduce the amount of the other.
One main difference is that workers in the United States are generally eligible for workers’ compensation from day one of their employment onwards. Even if you are injured during training, you can still receive workers’ compensation payments.
However, Social Security disability is an earned benefit after a substantial work history, and does not automatically “kick in” after an accident. In general, Social Security disability insurance pays benefits after at least a 5-month waiting period if you have been previously employed and are unable to work for around 12 consecutive months due to a disability.
Types of Disabilities Covered by the SSA and Workers’ Comp
There is a difference in the kinds of disabilities and injuries that are covered by each program. Workers’ compensation benefits only cover disabilities incurred during work.
For instance, someone who was disabled from a car accident on the way to work would not be eligible for workers’ compensation benefits. However, they may qualify for Social Security disability benefits after some time if they are unable to either return to work or find work in any other gainful capacity.
Who Qualifies for Both Workers’ Comp and SSDI?
In the previous example, the person driving to work would not qualify for workers’ compensation since they were not injured while on the clock or in their workplace. However, say that a worker had a serious fall while at work and was expected to be disabled for at least a year while recovering from spinal trauma. In this case, they might be able to collect both workers’ compensation as well as SSDI payments.
This long-term (at least one year) time away from work can qualify them to receive SSDI, while the initial accident and all of the associated medical bills can be covered by workers’ compensation payments.
Eligibility Requirements for SSDI
Partial or temporary disabilities are not included in SSDI. For instance, if you can perform some other task at work but not return to your previous role, this partial disability would not be considered eligible for SSDI.
Additionally, SSDI eligibility is calculated based on the amount of time you worked before your disability, including your total yearly wages or self-employment income. Your prior employment can earn you up to 4 credits each year, but the amount of work necessary to equal one work credit changes every year. In 2025, federal guidelines set 1 credit to equal $1,810 in quarterly wages or self-employment income.
Under SSDI regulations, you must meet the 20/40 Rule, or have earned 40 credits total, 20 of which in the last ten years before your disability began, to qualify. Exceptions are made for younger workers or some employees with terminal illnesses.
How to Apply for SSDI
You can apply online for SSDI or with the help of your attorney. At Pond Lehocky Giordano, we recommend applying for SSDI as soon as you can after becoming disabled. There is a significant waiting period before these benefits will become available, even if everything is filed correctly.
Because of this, you may need to rely upon supplemental income sources or workers’ compensation for a period. Working with a skilled law firm can ensure that there are no other hurdles or delays from missing paperwork or inaccurate information before you can receive your SSDI payments.
Eligibility Requirements for Workers’ Comp
Most states mandate that employers carry workers’ compensation insurance when they have more than one employee. There are very few exceptions for workers’ comp coverage; even family members may be considered employees at family-owned businesses. In general, employees are considered covered from day one of employment as long as they have a work-related accident, illness, or injury.
However, eligibility requirements as well as the time frame for filing vary state by state. Pond Lehocky Giordano is the largest workers’ compensation law firm in the country. With locations in all 50 states as well as Washington D.C., Puerto Rico, the US Virgin Islands, and Canada, our firm can help you understand how to file within your state’s regulations and fight for you to recover the maximum compensation according to state guidelines and best practices.
How to Apply for Workers’ Comp
Applying for workers’ comp varies from state to state. Speak to one of our attorneys for specific guidance about your case if you need help filing.
In general, you will need to have seen a doctor and gather documentation of your injury to file for workers’ compensation. You will also need to speak to your employer to file your claim, since they report the accident to their workers’ compensation insurance company.
If you are worried about your employer firing you, refusing your claim, reporting you to immigration authorities, or otherwise taking some action against you because of your injury, contact the employment protection attorneys at Pond Lehocky Giordano.
How Do You Appeal an SSDI Denial?
You may be able to appeal a denial of your SSDI claim through several different channels. Working with an SSDI attorney can help you move through the most expedient path forward for your needs. Depending on the reason stated for the first denial, you might be able to:
- Submit for reconsideration
- Request a hearing with an administrative law judge
- Request review from the Appeals Council
- File a federal US lawsuit in district court
How Do You Appeal a Workers’ Comp Denial?
Pond Lehocky Giordano knows how to stand up to challenges for workers’ rights when it comes to workers’ comp denials. Some of the most common reasons for a denial include:
- Employees who have been misclassified as independent contractors to avoid payments
- Employers who claim that accidents resulted from horseplay, alcohol abuse, or other non-covered circumstances
- Insurance companies who argue that pre-existing injuries or secondary accidents worsened your condition
- Workers who file on their own and do not meet filing deadlines or fail to submit all of the necessary documentation and paperwork
- “Leased” or “loaned” employees on a contract falling through the cracks of coverage
- Undocumented workers who are being wrongfully excluded by a company for coverage
One of our attorneys at Pond Lehocky Giordano can fight for your rights after a workers’ comp denial. We can help you file an appeal as well as assess the strength of your claim for a workers’ comp lawsuit. Depending on the state in which you are filing, we may be able to help you get a hearing before an administrative law judge or argue your case before the state labor department or workers’ compensation board.
A Lawyer Can Help Maximize SSDI and Workers’ Comp Benefits
At Pond Lehocky Giordano, we are dedicated to ensuring that you receive the maximum compensation possible for your pain, suffering, and medical bills. Our attorneys have over 250 years combined experience handling workers’ claims, and a proven track record together of over 100,000 successful cases. To schedule a free, no-commitment consultation with our legal team, call 1-800-568-7500 or fill out our contact form today.
