Workers' Compensation

Can I get Social Security Disability and be on workers’ comp?

Absolutely. Nothing stops you from applying for and receiving Social Security Disability and also receiving worker’s compensation. Pay attention to these:

  1. Workers’ compensation checks will not be reduced if you receive Social Security Disability checks.
  2. Your Social Security Disability checks may be reduced while you are on workers’ compensation.
  3. Your eligibility for Medicare will accrue while you are workers’ compensation.
  4. While workers’ compensation payments are not directly taxable in a small number of cases there is a tax implication on the amount of Social Security Disability payments that are offset. This is technical. You should speak with your attorney and/or whoever does your taxes.
  5. If you are in the Social Security Disability process the adjuster is usually required to set aside a portion of your settlement for future medical treatment. Again, this is technical and you need to speak with an attorney about it.
  6. If you settle your workers’ compensation claim your Social Security Disability checks will likely go up dramatically. This requires proper language being inserted into your settlement paperwork. The Social Security Administration is very strict about this and it is next to impossible to get them to permit a retroactive change to your settlement paperwork.