Can I get both SSDI benefits and workers' compensation?

As those who follow or even have perused through this blog know, our Stockton, California law firm helps victims of work-related accidents or illnesses get the workers' compensation benefits they need in order to pay off medical bills and cover their time away from work. We also help Californians apply for federal Social Security disability benefits.

Since disabilities that qualify for Social Security often are related to work-related accidents or illnesses, some might wonder whether they can get both workers' compensation and disability for the same work accident.

The answer tot this question is a qualified "yes," and Californians should even feel encouraged to explore getting benefits from both sources, since injured workers often discover that workers' compensation or SSDI alone simply is not enough to cover all of their expenses and losses.

Injured workers should be aware, however, that since workers' compensation is a separate program administered through the state as opposed to the federal government, they will have to file two different applications and meet two different standards to get benefits from both sources.

The qualifier is that the Social Security Administration will cap its monthly payout so that a worker will only get 80 percent of his or her gross wages from workers' compensation and SSDI benefits combined. To illustrate how this works in practice, assume a worker was making $5,000 a month before an accident left him or her disabled. Assuming the worker gets $3,000 monthly workers' compensation benefits, the most he or she can get in SSI is $1,000 even if otherwise qualified to receive more.

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