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Common Questions About Workers’ Compensation and State Disability Benefits for Injured Workers

Workers’ compensation has deemed me to be permanently and totally disabled, why do I not receive benefits from the SSA automatically?
The state’s definition of “disabled” is not the same as the federal government. You could be considered totally disabled by workers’ compensation, but that only means you cannot do the job that you were working when injured. To qualify for SSD, you must prove that you cannot do your past job, but also any other job available to you.
Can you receive SSD and workers’ compensation benefits together?

Yes, but you are prohibited from receiving more than 80% of what you earned before you became disabled. This limitation applies to a combination of SSD and workers’ compensation.

For example, if you earned $25,000 per year when you were injured at work. An 80% earnings limit would put you at a maximum benefit of $20,000 per year.

Workers’ compensation already pays you a maximum of $20,800 per year – averaging $400 per week. In this case, you would already reach cap; therefore, you cannot receive SSD.

Using that same example, workers’ compensation is only paying $300 per week, which gives you $15,600 per year. Therefore, SSD could pay the remaining $4,400 per year, but no more.

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