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Can I Claim Disability and Workers’ Comp at the Same Time?

Posted in Work Injury, Worker's Compensation on July 21, 2023

Individuals often sustain workplace injuries that are so severe they would be considered disabled. In these situations, it is natural to wonder whether or not you can claim disability and workers’ compensation benefits at the same time. Individuals moving towards Social Security disability while currently receiving workers’ compensation for an injury should speak to a skilled Phoenix work injury lawyer who can help them understand the benefits and possible negatives of pursuing additional benefits.

Do You Need Both Workers’ Compensation and Social Security Disability?

Individuals often wonder whether or not they should apply for their disability benefits before or after the workers’ compensation settlement. First, we do want to say that you can get Social Security disability benefits after a workers’ compensation settlement. Injured employees can and do receive benefits from both programs, but there are certain advantages to applying for disability after a workers’ compensation settlement.

It is crucial that you speak to a skilled work injury or disability attorney for assistance when moving forward with your claim. There are various pros and cons, not all of which we can cover here, associated with waiting to apply for disability benefits.

One thing individuals should consider when working to decide whether or not to apply for Social Security disability before or after a workers’ compensation settlement is that SSDI benefits are for those who are permanently disabled. If you are considering filing for disability, it is important to understand that the Social Security Administration does not pay partial benefits. If your injury has not left you completely disabled and unable to work, you should likely stick with workers’ compensation benefits and do what you can to return to the workforce after recovering.

If a workplace injury has left an individual unable to work, this can help them receive disability benefits from Social Security. A major workplace injury that prevents an individual from working could actually help improve a person’s chances of gaining SSDI benefits. The Social Security Administration pays benefits to those who are unable to perform gainful employment under their guidelines. If an individual has a condition that is expected to last one year or result in their death, they may be able to recover Social Security Disability Insurance (Some people may be eligible for Supplemental Security Income, or SSI, which is for individuals who are disabled and have limited assets). 

On the other hand, getting approved for Social Security disability benefits could help individuals with their workers’ compensation claims by demonstrating a significant level of impairment.

Who Could Benefit From a Workers’ Compensation Lawyer?

We strongly encourage any person who has sustained a severe workplace injury to reach out to a Phoenix workers’ compensation attorney. These claims can be incredibly challenging, and it is important to have a legal advocate by your side to help make decisions about your next steps forward. Handling insurance carriers and employers, along with considering whether or not to apply for Social Security disability benefits, is a complex task. Let your workplace injury lawyer investigate the incident on your behalf and then handle all communication with other parties, including negotiations for a fair settlement.