Baddour, Parker, Hine & Hale, P.C.

Can you apply for both workers' compensation and SSDI?

If you suffer an injury or illness because of your job, you may qualify for a few different benefits. You can seek workers' compensation, which is a temporary payment as you recover. You might also qualify for Social Security Disability Insurance, or SSDI, which involves long-term payments to make up for your inability to work. But can you receive both types of compensation?

The short answer is yes, you can. As long as you meet the requirements, you can receive compensation from both. However, having both may affect the payment amount you can be given.

How do you qualify for both?

It is more common for employees to be eligible for workers' comp than for SSDI. Essentially, as long as your employer is insured for workers' comp and your injury was related to your job, you qualify.

SSDI, however, requires that you meet the legal definition of "disabled." To be considered disabled, your injury or illness must make you unable to complete your previous job tasks, as well as unable to perform in other jobs that you are reasonably skilled or educated to do. Also, your condition must be expected to last at least twelve months or result in death.

The effect of workers' comp on SSDI

If you successfully obtain both types of benefits, your workers' comp may affect your SSDI payments.

The combined amount you receive from workers' comp and SSDI can never be more than 80 percent of your previous income. If it would exceed this number, your SSDI payments will be lowered.

It can be difficult to know which benefits to seek and how those benefits will affect each other. After an injury at work, you may wish to talk to a lawyer about your situation. He or she will be able to give you advice and work to maximize the payments you receive for your injury.

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Baddour, Parker, Hine & Hale, P.C.

208 South William Street
Goldsboro, NC 27530

Phone: 919-585-4114
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Goldsboro, NC 27533