When you sustain an on-the-job injury, there are several types of benefits you may be eligible to receive including: work comp benefits, social security disability benefits, and state disability benefits. Learning the differences between these types of benefits and learning how to apply for each can be confusing and frustrating. In this article, we are going to discuss the differences between these disability benefits and when (and how) you can apply for each.
Social Security & Workers Compensation
The basic difference between social security benefits and work comp benefits is liability. As we’ve discussed previously on this blog, worker’s compensation applies to workers who have been injured at work and their employer is liable for the injury. Social security benefits, on the other hand, apply to workers who have been injured outside of work – injuries for which the employer is not liable, but which still prevent an employee from working.
Receiving Both at the Same Time?
One of the first questions many injured workers ask is “can I get work comp and social security benefits at the same time?” As a general rule, an injured worker can’t receive full social security benefits and full work comp benefits at the same time. That being said, it is possible to receive some combination of the two in certain situations.
The methods used for calculating this combination of social security and work comp offset are complex and vary state to state. It can also be very case-specific. For example, if your work comp claim is currently being litigated, you may be able to receive social security benefits while you wait for your case to resolve. You should always consult with a skilled work comp attorney who knows your situation and relevant state laws.
Legal Help for Injured Workers in Minnesota
Hey Workers offers free service to Minnesotans who are injured while at work or on the road. If you or someone you know has been injured on the job, pick up the phone and dial 844-Hey-Workers right away. Our team will walk you through the necessary steps to file your work comp claim, and also connect you with a local work injury attorney who can make sure your legal rights are defended throughout the process. It costs you nothing to call and it’s completely confidential. We are here to help you so don’t hesitate to call 844-Hey-Workers if you’re looking for help after a work injury!
