Can an injured worker obtain workers comp and Social Security benefits at the same time?
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Written by
Jeffrey Johnson
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UPDATED: Aug 15, 2012
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Yes, an injured worker may receive both state workers compensation benefits and Federal Social Security benefits simultaneously.
Limits on Worker’s Compensation Recovery
There are limits to the amount that one may recover in worker’s compensation benefits and in most jurisdictions the limit is a percentage of the individual’s average current earnings (ACE) as computed by the Federal Social Security program. Some states have a reverse offset by statute which allows the employer’s workers’ compensation insurance carrier to take a credit.
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Federal Social Security Offsets
There are approximately 14 jurisdictions that have what is termed a reverse offset. In all other jurisdictions the offset is taken by the Federal Social Security system. There is no offset after the age of 62 in most jurisdictions.