Can I Receive SSD and WC at the Same Time?
Our Omaha workers’ compensation attorney explains how workers’ comp (WC) benefits could impact your rights to Social Security disability (SSD) payments.
Long-term disabilities can impact your ability to work and put your financial security in jeopardy. Fortunately, there are programs that provide a safety net in these situations. Workers’ compensation benefits are available through your employer and provide coverage of medical expenses and lost wages when injuries occur on the job. Social Security disability (SSD) is another option, depending on your injuries and prior work history. Find out the requirements for receiving both benefits at the same time.
The Difference Between Workers’ Compensation and Social Security Disability Benefits
All employers are required to provide workers’ compensation coverage, which acts as a form of insurance. It protects employees who are injured on the job or suffer occupational injuries that prevent them from working or performing certain tasks on the job. Administered through the Nebraska Workers’ Compensation Court (WCC), these benefits provide coverage of medical costs associated with your injuries and payment for lost wages, as well as long-term disability benefits.
Social Security disability is another type of benefit that can help offset lost income and may be available in this situation. However, SSD differs from WC in several ways:
- You are not automatically eligible for Social Security disability benefits: Eligibility is based on prior work history and having earned enough of the required work credits;
- You must have a qualifying condition: The Social Security Administration (SSA) lists impairments that may qualify you for benefits. To be considered a long-term disability, it must be one that will prevent you from working for a year or longer.
- The amount depends on your prior earnings: Workers’ compensation generally provides up to two-thirds of lost wages. Social Security disability (SSD) is generally lower, depends on prior earnings, and has a maximum monthly benefit in 2022 of $3,345.
Collecting Workers’ Compensation and Social Security Disability Benefits
Provided you meet the qualifications for both workers’ compensation in Omaha and Social Security disability, you may be able to receive both at the same time. However, under SSA guidelines, there are limits. The total amount of both benefits cannot exceed more than 80% of your current gross earnings. For example:
- Prior to becoming disabled, your gross earnings were $5,000 per month.
- Workers’ compensation benefits pay up to $3,300, which is two-thirds (or 66%) of your prior wages.
- In this case, you may be entitled to up to $700 in Social Security disability benefits which, when added to workers’ comp, makes up $4000. This represents 80% of prior wages.
To Protect Your Rights, Contact Our Nebraska Workers’ Compensation Attorneys
At Andres Law Offices, PC LLO, we are dedicated to protecting the rights of injured workers. To find out whether you may be entitled to both workers’ compensation and Social Security disability benefits, call or contact our office online and request a consultation with our Nebraska workers’ compensation attorneys today.