If you’re eligible for Social Security Disability Insurance (SSDI) benefits for your work-related injury you may be able to claim both workers’ compensation and SSDI benefits at the same time.
What is Social Security Disability Insurance (SSDI)?
Social Security Disability Insurance Benefits are funded federally by the U.S. Social Security Administration (SSA). This can help pay disability benefits to individuals who have worked long enough, paid into social security and have a medical condition that prevents them from working for a period of 12 months or more.
To see if you’re eligible for SSA benefits, you can visit SSA’s Benefit Eligibility Screening Tool.
Can I Claim Both SSDI and Workers’ Compensation in New Jersey?
You may be able to claim both SSDI and workers’ compensation in New Jersey. However, you won’t be able to claim full benefits for both as that could exceed your actual working wage. In total, you may be able to claim up to 80% of your average earnings. Workers’ compensation will only cover up to 70% of your total weekly wage, subject to certain maximum limits.
If you receive payments from workers’ compensation, this may be counted against any SSDI benefits you receive and is considered a workers’ compensation offset which essentially reduces the amount paid by social security. This offset is in place for most programs including federal, state, and local disability payments. There are exceptions for programs such as Railroad Unemployment Insurance Act (RUIA) illness benefits, Veterans Administration benefits, and more.
How to Maximize Your Compensation
Working with a workers’ compensation lawyer who knows both programs can help you get the benefits you deserve after a work accident. At The Reinartz Law Firm, we help New Jersey residents who have been seriously injured at work. Contact us today for a free consultation.