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: Jul 16, 2021
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Yes, an injured worker may receive both state workers compensation benefits and Federal Social Security benefits simultaneously.
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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.