If you have been injured on the job, there are two main programs that can offer financial assistance: workers’ compensation and Social Security disability insurance (SSDI) benefits. Depending on the specifics of your situation, you may be able to collect benefits from one or both of these programs. However, it’s important to keep in mind that a workers’ comp settlement can impact how much you receive in SSDI benefits.
To protect your rights and get the compensation you deserve, understand how these two programs work and seek the advice of an experienced Chicago workers’ compensation attorney. A lawyer can help you navigate the process of securing financial assistance after a workplace injury or illness.
Both workers’ compensation and SSDI can help you cover medical bills, living expenses, and lost wages if you have suffered from a work-related injury or illness. But these programs are not interchangeable, and you may be eligible for one and not the other.
Workers’ compensation is a type of insurance program that Illinois employers carry to provide benefits to workers who become ill or suffer an injury as a direct result of their work. When a worker suffers from a work-related injury or illness, they are entitled to financial compensation under the workers’ compensation program. Workers will negotiate a workers’ compensation settlement and receive benefits in either a monthly payment or lump sum.
SSDI is a federal benefit program that provides disabled workers and their dependents with monthly benefits. It is designed for workers who can no longer work due to permanent disability—defined as a disability expected to last for at least 12 months and that prevents full-time work. SSDI benefits replaces some of the lost income but is only available to workers who pay Social Security taxes on their wages.
Yes. If you are eligible for SSDI benefits and workers’ compensation benefits, you can receive both benefits at the same time. Receiving workers’ comp does not impact your eligibility for SSDI benefits, and vice versa.
Workers who become permanently disabled as a result of a work-related injury or illness should apply for all of the benefits available to them, including workers’ comp and disability. However, the amount of total public benefits you receive may be reduced if it exceeds a certain threshold determined by the U.S. Social Security Administration (SSA).
While you can receive both workers’ comp and SSDI benefits, a workers’ compensation settlement amount can impact your SSDI benefits.
The total amount of public benefits you receive—a number that includes workers’ compensation, SSDI benefits, and any other public disability payments—is capped at 80% of your average current earnings, which are calculated by the SSA. If the combined benefits add up to more than 80% of the SSA estimation of your current average wage, the excess amount is deducted from your SSDI benefits.
Every situation is unique. In some cases, a workers’ compensation settlement will pay out more than SSDI benefits, and in other circumstances, disability will amount to more. But for most workers, workers’ compensation offers greater financial benefits when compared to SSDI benefits. You are not required to pay taxes on workers’ compensation benefits, like you do with disability. And if your doctor clears you for going back to work with a modified load at a lower wage, you can continue to draw partial workers’ compensation.
It's in your best interests to find a workers’ compensation attorney. An experienced lawyer will review your case, evaluate your options, and recommend the best path forward to the compensation you are entitled to.
Determining whether you are better off seeking SSDI benefits or negotiating a workers’ compensation settlement depends on your specific case. While workers’ compensation is usually the best choice for workers suffering from work-related illness or injury, your mileage may vary. Talk to a local workers’ compensation attorney to get assistance deciding how to pursue financial assistance after your injury.
Yes. We always recommend workers get legal assistance when pursuing a workers’ compensation claim.
The workers’ compensation benefits process is complex. A workers’ compensation lawyer can help you determine which benefits you are eligible for, advise you on how to apply for workers’ compensation or disability benefits, and fight for your right to fair compensation.
If you or a loved one have been injured at work, contact the experienced workers’ compensation attorneys at Vasilatos Injury Law. We have represented hundreds of injured clients and obtained millions of dollars in awards for our clients in Chicago and across Illinois.
Our workers’ compensation attorneys have experience in all aspects of workers’ compensation law, and we are dedicated to helping our clients get the best possible compensation. Regardless of the nature of your case, you can rely on us to guide you toward a favorable outcome for you and your family.
Contact us today to schedule a free consultation.