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*This section is provided as a quick reference tool only.
(see disclaimer at the bottom)



Employee Information

Social Security


In addition to workers' compensation benefits, you may also be entitled to other benefits, such as Social Security. Social Security benefits are different from workers' compensation benefits. In order to receive Social Security benefits, an individual must show that he has a disability which is total in nature and that total disability is expected to last for at least a year or more. Periods of temporary total disability which are shorter than a year will not qualify an individual to receive Social Security disability benefits.

Generally speaking, if a person is unable to work anywhere anyhow as a result of his disability, he will be entitled to Social Security disability benefits. You should apply for Social Security disability benefits at your local Social Security office. Usually, your attorney in your workers' compensation case will also represent you in your claim for Social Security disability.

If you are entitled to Social Security disability benefits, there are various offsets between the Social Security and workers' compensation laws which reduce either your Social Security benefits or your workers' compensation benefits.

Social Security provides benefits for seriously injured workers and their families. To qualify for Social Security, you must show that you have a physical or mental impairment and the impairment must be expected to last at least 12 months. The impairment must prevent you from doing any substantial gainful work activity.

If you receive Social Security benefits, monies that you receive from workers' compensation may be credited against your Social Security benefits or vice versa. If you settle your workers' compensation claim after you have received Social Security benefits, Social Security may want an offset of the benefits it pays you against your workers' compensation benefits. It is very important that you take this into consideration before you settle your workers' compensation case. There is language that is designed to minimize the amount of credit for Social Security you may take against the workers' compensation award.



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*This section is provided as a reference tool only. Benefit rates as well as State agency contacts, phone numbers and addresses may change periodically and are not guaranteed. Please send notification of any changes to support@workerscompensation.com

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