Can an injured worker obtain workers comp and Social Security benefits at the same time?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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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.

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.

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