Social Security Benefits Interplay With Workers Compensation

Date: October 6, 2010
Posted In: DLP Law

Paul moved to Hawley from New Jersey and was collecting old age Social Security benefits as well as a union pension. Paul decided to get a part-time job working in the electronics department at a local store.

Paul suffered an injury to his back while assisting a customer with a large television.

ISSUE: Can Paul collect Workers\’ Compensation benefits even though he was collecting Social Security retirement benefits as well as a pension?

ANSWER: Yes. Because Paul is able to be both on Social Security retirement and earn a certain amount of money it is considered a fact that he has an earning power. Because Paul was hurt in the scope and course of his employment he will be entitled to Workers\’ Compensation benefits as long as he cannot return to the job market making as much as he was making at the time of his work injury.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.