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Workers’ compensation and Social Security disability are programs that provide income to those who have been hurt or become ill and can no longer perform their job duties. If you are injured at work, you may be eligible to collect benefits from both sources. However, the law doesn’t allow employees to get the full amount they qualify for when receiving payments simultaneously. Below is a brief overview of how they affect one other and what you can do to secure all the funds you need.  

How Payments Are Offset 

injured at workWhile it’s possible to collect both workers’ compensation and Social Security disability benefits at the same time, the law stipulates that your combined payments cannot equal more than 80% of the wages you made before being injured at work. If the amount you receive turns out to be more, your disability benefits will be reduced. 

How to Maximize Your Benefits 

Fortunately, an attorney may be able to structure your claims in a way that minimizes the workers’ compensation offset. If you are applying for both programs after being injured at work and don’t want to receive less than you’re entitled to, a lawyer will try to position your workers’ comp settlement agreement as an expanded lump sum payment. Some people take deductions from their workers’ comp settlement or shift their disability benefits to retirement ones if they are older.

 

If you have been injured at work, seek legal advice on how to get the most out of your workers’ compensation and Social Security disability claims. Offering over 35 years of experience, Daniel R. McComb Attorney at Law has helped many Batavia, NY, clients maximize the available benefits. He will explore your options and verify the sum of awards is accurate. Call (585) 343-2250 to set up a consultation, or visit his website to learn more about his expertise in handling cases that involve workers’ compensation and Social Security disability law. 

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