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By Carey Thompson
Founding Attorney

After a workplace injury, you may be eligible for both Workers’ Compensation and Social Security Disability Insurance. While both provide essential financial support, combining these benefits isn’t always straightforward. The amount you receive from Workers’ Compensation could directly reduce your SSDI payments due to an offset calculation. Knowing how these benefits work together helps you prepare for potential reductions in your disability payments. It allows you to plan accordingly for your financial recovery while managing your health and well-being.

What Is Workers’ Compensation?

Workers’ Compensation is a state-mandated insurance program designed to provide benefits to employees who suffer job-related injuries or illnesses. In Texas, it helps cover medical expenses, lost wages, and rehabilitation costs, ensuring injured workers can maintain some financial stability while recovering. Workers’ Compensation benefits vary by state, but they generally include temporary or permanent disability payments, medical treatments, and compensation for vocational rehabilitation if the worker cannot return to their previous position.

Unlike Social Security Disability Insurance (SSDI), which is a federal program, Workers’ Compensation is regulated by individual states, meaning the eligibility requirements and benefits differ based on location. In Texas, employers are not required to have Workers’ Compensation coverage, but those who do offer it must follow specific legal guidelines. Workers’ Compensation is usually limited to workplace-related injuries and illnesses, and it does not require the employee to prove fault, making it more accessible for injured workers.

What Is Social Security Disability Insurance?

Social Security Disability Insurance is a federal program that provides financial assistance to individuals who are unable to work due to a long-term disability. Unlike Workers’ Compensation, which covers work-related injuries, SSDI applies to any qualifying medical condition that significantly limits an individual’s ability to perform substantial gainful activity. To be eligible, applicants must have a sufficient work history, paying into Social Security through payroll taxes. SSDI benefits are intended to support individuals who can no longer maintain employment due to their disability, helping them cover basic living expenses and medical costs during their recovery or ongoing condition.

How Workers’ Compensation Affects SSDI Benefits

Receiving Workers’ Compensation can impact your Social Security Disability Insurance benefits due to an “offset” rule designed to prevent individuals from receiving excessive benefits. When you are awarded Workers’ Compensation and SSDI simultaneously, your total benefits from both programs cannot exceed 80% of your average earnings before your disability. If the combined total exceeds this threshold, your SSDI payments will be reduced to bring the total within the limit. This reduction is known as the Workers’ Compensation offset.

For example, if your pre-disability earnings were $4,000 per month and your combined Workers’ Compensation and SSDI benefits exceed $3,200 (80% of $4,000), your SSDI benefits will be reduced. A lump sum settlement from Workers’ Compensation can also affect SSDI, depending on how the settlement is structured. Understanding the interaction between these two benefit systems is crucial to avoid potential financial surprises and ensure you receive the appropriate compensation without unnecessary reductions.

How to Maximize Your Benefits: Strategic Considerations

Maximizing your Workers’ Compensation and Social Security Disability Insurance benefits requires careful planning and understanding of how these programs interact. One effective strategy is negotiating your Workers’ Compensation settlement to minimize its impact on your SSDI benefits. A lump sum settlement can reduce your SSDI payments if it exceeds the 80% limit, but structuring it to spread payments over time can help avoid a significant reduction in SSDI.

Additionally, the timing of your SSDI application matters. If you are still receiving Workers’ Compensation when applying for SSDI, it’s important to calculate how the two benefits may overlap and plan accordingly. Understanding the “offset” rule will allow you to better anticipate any reductions and manage your finances. Consulting with professionals who understand the complexities of both programs can also be a key factor in ensuring that you receive the maximum benefits available without risking unnecessary cuts to your financial support.

Get Help with Your Workers’ Compensation and SSDI Claim

At the Law Office of Carey Thompson, we understand the complexities of Workers’ Compensation and Social Security Disability claims. Our team will guide you through the process to help maximize your benefits. Contact us today for a consultation, and let us help you secure the financial support you deserve.

About the Author
Carey Thompson has been practicing Social Security Disability Law Since 2008 after he graduated from Texas Wesleyan School of Law, now known as Texas A&M school of Law in Fort Worth, TX.  While at Texas Wesleyan he served on Law Review.  Prior to going to Law School, Mr. Thompson was a High School Band Director for four years using his degree in Music Education from Michigan State University.  Prior to Attending Michigan State, he attended Aledo Schools from Kindergarten to graduate.  Mr.Thompson feels strongly about serving the people of Tarrant County.