Worker's compensation and social security - you can get both
If you are injured, you’ll want to consider all possible options for compensation while you recover, or longer if your injury is permanent. You’ll also want a thorough attorney who explains all these options to you.
One question we get a lot is whether an injured worker can apply for workers’ compensation and social security at the same time. The answer is yes. There is some sort of myth out there that it’s illegal. We’re not sure where this came from, but it’s not true.
That said, applying for social security benefits may not be the best option in every case. Be sure to discuss it with your attorney, or give us a call.
If you are approved for both types of benefits, social security will reduce its amount based on your workers’ comp benefits. Basically, the rules say you can only get up to 80% of your former wages. This is called the workers’ compensation offset.
Be particularly careful if you are nearing the settlement stage of your case. Language can be included in your settlement to help protect your social security benefits.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.