Can an injured worker obtain workers comp and Social Security benefits at the same time?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Aug 15, 2012
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
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.
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
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.