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Can you collect workers’ comp and SSD benefits at the same time?

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Injuries in the workplace are not uncommon. Sometimes when a person in Charlotte is injured at work they pursue workers’ compensation benefits to tide them over financially until they can return to their job.

But, if a worker’s injury seems to be permanent and the worker believes he or she may never be able to return to work, any type of work, he or she may wish to pursue Social Security disability benefits as well. However, there are rules regarding receiving workers’ compensation benefits while also collecting SSD benefits.

If a worker is receiving workers’ compensation benefits and SSD benefits, the total amount of benefits received cannot go over 80 percent of the average current earnings the worker made prior to his or her disability. If the total amount of benefits received goes over that amount, the excess amount is taken out of the worker’s SSD benefits. Due to a change in law in 2015, this reduction in benefits will continue until the worker reaches his or her full retirement age.

It is important to note that workers’ compensation benefits are state benefits, while SSD benefits are federal benefits. Therefore, it is entirely possible that a person may qualify for one type of benefit, but not the other. Moreover, in general workers’ compensation benefits are meant to be temporary while SSD benefits are awarded based, in part, on the applicant being permanently disabled. Because of the complexities involved when collecting both workers’ compensation and SSD benefits, it is advisable to seek professional assistance, to ensure you are collecting the appropriate amount.

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