Can I Receive Both Workers' Compensation and Social Security Disability Benefits at the Same Time?

Although some limits apply, most people are eligible for both kinds of benefits.

Yes, you can get workers’ comp and disability at the same time. However, the combined cash benefits (lost wage replacement in workers’ comp and monthly Social Security stipend) cannot exceed 80% of your pre-disability average weekly wage. The pre-disability AWW is usually different from the workers’ compensation AWW. More on that below.

You can receive workers’ comp and disability benefits at the same time because these programs have different sponsors. Workers’ compensation is a state program, and SSD is a federal program. Furthermore, these programs serve different purposes. SSD raises the standard of living for disabled people, and workers’ comp is designed exclusively for injured workers. As outlined below, both systems are complex, underscoring the need for a good Tampa workers’ compensation lawyer.

Workers’ Compensation

These no-fault benefits generally replace lost wages (usually two-thirds of lost wages) and pay reasonably necessary medical bills for the duration of a temporary or permanent disability.

The workers’ comp “disability” definition is rather broad. Usually, a disability is any physical condition that significantly limits a work-related activity. Benefits are available for mental disabilities, such as PTSD, in some cases.

Workers’ comp disputes usually involve the amount of lost wage replacement and the reasonable necessity of medical expenses.

AWW calculation is an issue in many fall or other trauma injury cases. As mentioned, workers’ comp AWW is different from pre-disability AWW. If Lisa breaks her arm at work, and she misses overtime opportunities as she recovers, her lost wage replacement benefits must reflect that change.

The amount of back pay is an issue in many occupational disease claims, such as toxic exposure and breathing problems. Usually, the date of disability is much earlier than the claim filing date. Most people “tough it out” as long as they can before they ask for workers’ compensation benefits or other assistance.

As for medical bills, many insurance companies believe that “reasonably necessary” means “cheapest available.” Let’s go back to Lisa’s broken arm.

In many cases, a broken arm is a straightforward injury. The doctor performs an X-ray and sets the bone, the victim spends a few weeks in a cast and attends a few physical therapy sessions, and Bob’s your uncle. But work-related broken bones are often much more serious injuries that require reconstructive surgery and extensive physical therapy.

A Tampa workers’ compensation lawyer helps ensure that victims get the medical treatment they need, not the medical treatment an adjuster is willing to pay for.

Social Security Disability

Like workers’ comp, SSD is a no-fault program that replaces lost wages and pays reasonably necessary medical bills.

However, the Social Security Administration’s “disability” definition is specific. Additionally, the applicant must have a permanent disability to qualify for benefits. Finally, the SSA pays future medical bills but not previous ones.

Common disputes in these matters include the amount of back pay and the extent of disability. We discussed back pay issues above. As for the extent of disability, many times, a Social Security doctor’s assessment is very different from an IME (independent medical exam) assessment.

Work With an Expert Hillsborough County Lawyer

Victims need and deserve compensation for their serious injuries. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact the Rooth Law Firm. Mr. Rooth is a Board-Certified attorney in workers' compensation law by the Florida Bar Association, a distinction that fewer than one percent of all Florida lawyers have.