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M H Law Matheson and Horowitz injury and disability lawyers
772-571-4109
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    • Michael K. Horowitz
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How workers’ compensation affects Social Security Disability benefits 

On Behalf of Matheson and Horowitz | Aug 18, 2021 | Social Security |

If you were injured on the job, it’s only natural to apply for workers’ compensation benefits. If your injuries are totally disabling, however, you may eventually also need to file for Social Security Disability Insurance (SSDI) benefits.

It’s important to understand how workers’ compensation and SSDI intersect.

Can you receive both benefits at the same time?

You can receive both SSDI and workers’ compensation benefits at the same time — but there is a catch: The sum total of both benefits together (including any auxiliary benefits paid to your dependents by SSDI) cannot exceed more than 80% of your average earnings prior to the start of your disability.

In Florida, 80% of your average earnings can be calculated either according to the state’s estimation of your average weekly wage or the federal government’s calculation of your average current earnings, whichever is greater. There can be a significant difference between the two, so that’s important to investigate further. 

In addition, Florida’s laws require your workers’ comp benefits to be reduced (not your SSDI benefits) to that 80% threshold, which is different from what you find in other states.

What else do you need to know?

If you’re the victim of a workplace accident or illness that is permanently disabling, it’s not easy to determine when you should file for Social Security Disability benefits. There are a myriad of complex issues that have to be considered. 

Get to know more about the factors that could affect your benefits and rights under both workers’ comp and SSDI before you make any decisions. Sometimes it’s better to wait a bit before you file for SSDI if you’re already receiving workers’ compensation, but each situation is unique. Experienced guidance can make it clearer. 

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