Understanding How Workers’ Comp Affects A Social Security Disability Claim

Last updated on July 9, 2024

Workers’ compensation and Social Security Disability (SSD) benefits can be received at the same time – but there are some important considerations you need to make before you apply.

Since 1936, the attorneys at Parisi & Gerlanc, Attorneys At Law, have exclusively been on the side of the injured worker – not businesses. We understand the nuances of New Jersey’s workers’ compensation system and how it interacts with Social Security Disability and can protect your interests under both programs.

How The Workers’ Compensation Offset Affects Your SSD Benefits

People who are seriously injured due to a workplace accident or work-acquired illness often find themselves contemplating Social Security Disability. However, the timing of an SSD claim can be important.

Whether you apply for or receive Social Security Disability benefits, you are required to report any workers’ compensation benefits you receive. If the combined total of your workers’ comp and SSD payments exceeds 80% of your average current earnings (ACE) before you became disabled, the Social Security Administration (SSA) will reduce your SSD benefits so that your monthly benefits stay within that limit. This is called the workers’ compensation offset.

Because of the way that these benefits intersect, it can get very complicated to understand how any lump-sum payments from either program will be calculated – and some exceptions may apply. It takes experience and skill to understand exactly how your benefits will be affected, but our attorneys can help you make informed decisions on when to apply for SSD and whether to take a lump-sum worker’s compensation settlement.

Schedule Your Free Consultation Today

At Parisi & Gerlanc, guiding your recovery is what we do. Consultations are always free, so call 551-587-8915 or contact us online to schedule with a lawyer at either Ramsey or Hackensack offices. Let us cut through any confusion and show you how to maximize the benefits available to you – and help you pursue what you need.