Can You Get SDI And Workers Comp At The Same Time?

Workers Compensation & Social Security Disability

Workers Compensation and Social Security Disability Insurance are often treated as separate entities. But for some individuals who are injured on the job, the two programs can interact to create some very unique circumstances.

Some workers are eligible for both benefits. For instance, if you’re hurt on the job, but your employer has an effective safety program in place, your employer could be required to pay for certain medical care, like physical therapy, that is necessary to return you to work. That may qualify you for Social Security Disability Insurance, which pays out a benefit based on your inability to work. And if you suffer a permanent injury, you could be eligible for both benefits, since the Social Security Administration considers that a permanent impairment.

But not all workers are eligible for both. A worker is considered disabled under the Social Security Administration’s definition if he or she is unable to do any substantial gainful activity because of a medically determinable impairment. A worker is also eligible for Social Security Disability Insurance if that worker’s injury is expected to result in death, or if it is expected to cause a permanent loss of use of a body part.

Eligibility Rules

While both benefits are administered by the Social Security Administration, eligibility rules vary. For example, only a portion of employees are eligible for disability insurance; the rules regarding what constitutes a disability vary by industry and the severity of the injury.

The combination of the two programs creates some strange scenarios. If you’re eligible for workers comp and SDI, and are able to collect one of those benefits, you might end up owing money to the other. The Social Security Administration will determine your eligibility for either of these benefits, and if your injury is severe enough, your employers may have to pay you directly, which means you might be able to collect more money. The Social Security Administration might even require you to repay any benefits you received under workers’ comp.

That’s why it’s important to seek legal counsel when it comes to workers’ comp and Social Security Disability Insurance.

If you’re eligible for workers’ comp, make sure to get it in writing. You’ll want to make sure you don’t miss out on any payments. If you’re eligible for Social Security Disability Insurance, talk to a lawyer who specializes in this area. This might include a personal injury attorney, as well as a workers’ comp attorney. Both types of lawyers are needed to help clients navigate the benefits available to them.