If you are no longer able to work, you might be qualified for short term disability (“STD”) or long term disability (“LTD”) benefits through your employer. First check to see if you have any disability coverage through your employer.
Can I Get Worker’s Compensation?
Many people who receive or are seeking Social Security disability also seek or receive workers compensation benefits. If you have a workers compensation case it can drastically affect the amount of money you receive for your disability case. The amount of money you receive for the back pay from your disability claim can be drastically reduced or eliminated depending on the amount of any weekly payment or total settlement amount you have received through workers compensation. As a rule of thumb, your Social Security benefits will be reduced by the amount of monthly benefits you receive from workers compensation. Lump sum settlement amounts will be prorated over a period of time. Of course, it is far more complicated than that, but that is the general idea. Often when people are awarded disability benefits through the Social Security Administration their disability back time is greatly reduced or eliminated due to the workers compensation offset.
It is very important that you consult with a workers compensation attorney to make sure your workers compensation benefits are structured in such a way as to maximize your disability benefits. You must tell your Social Security disability attorney that you have a workers compensation claim, and you must tell your workers compensation attorney that you have a workers compensation claim.
We serve clients throughout the Carolinas from our offices in Spartanburg, Greenville, and Columbia.