If you are wondering if you can get workers’ comp and SSDI simultaneously after a Georgia work injury, the short answer is yes, in many cases, you can. However, receiving both can affect the amount you receive from each program.
Because the rules are different for each benefit, it is vital to understand how they interact before you apply or settle your claim.
How workers’ compensation can help injured workers
Workers’ comp is a “no-fault” insurance system that provides financial support to employees who suffer work-related injuries or illnesses. In Georgia, workers’ comp can cover medical treatment, part of your lost wages and disability benefits if your injury keeps you from working.
The goal of workers’ comp is to help injured employees recover and return to work as soon as possible. It does not usually pay full lost wages, but it can provide important benefits while you are healing.
Qualifying for Social Security Disability
SSDI is a federal benefit for people who cannot go to work because of long-term disability. Unlike workers’ comp, SSDI is not tied to a workplace injury. Instead, it is based on your medical condition, your work history and whether your disability prevents you from doing substantial gainful activity.
To be eligible, your disability must last at least 12 months or result in death. The Social Security Administration (SSA) also requires you to have earned enough work credits through past employment. If approved, SSDI can provide monthly income and may also make you eligible for Medicare after a waiting period.
Can you receive both at the same time?
Yes, you can. Many injured workers apply for both because workers’ comp may cover an immediate work injury, while SSDI may help if the injury becomes long term or permanently disabling. You can receive both, but the “workers’ compensation/public disability benefit offset” rule might decrease your total benefits.
This offset applies when the combined amount of your workers’ comp and SSDI would exceed a certain percentage of your average earnings before your disability. In that situation, the SSA may reduce your SSDI payment so that your total benefits stay within the allowed limit.
Seeking legal help with your claim
Because these benefits can interact in complicated ways, it is helpful to consult a lawyer before filing a claim or accepting a settlement. With their experience, they can help you understand your options and avoid costly mistakes. They can also ensure that the right medical evidence supports your claim and that any settlement is managed in a way that protects your long-term interests.
If you were hurt in a workplace accident in Georgia and are considering both workers’ comp and SSDI, you do not have to figure it out alone. Getting legal support early can help you protect your benefits and make the most of the compensation available to you.