Workers’ Compensation and Social Security Disability


If you have a Workers Compensation case and have filed for Social Security Disability you need to let your lawyer know about it.

The amounts you receive from a Workers’ Compensation case may have an affect on what you will receive from your Social Security Disability benefits.

This is called a Workers’ Compensation offset according to Social Security regulations.

It means that a Work Comp settlement or award will be reviewed by the Social Security Administration to see if your benefits will be reduced.

For example, I have seen cases where an injured worker received $100,000 from a Work Comp settlement and this reduced their Social Security Disability benefits from $1400 a month to $200 a month for years.

Another example is when you receive temporary total disability benefits from the Work Comp insurance company it will most likely reduce your Social Security Disability benefits.

You may be able to protect your Social Security Disability benefits if you insert special language that is acceptable to Social Security in your Workers Compensation settlement contract.

This is why you must tell your Workers’ Compensation lawyer if you have filed for Social Security Disability.

Above all do not sign a Work Comp contract that says you have not filed for Social Security disability benefits if you have applied. This is fraud.

Questions about your Work Comp case? Feel free to call Illinois Workers’ Compensation Attorney Dirk May at 309-827-4371.