Workers’ Compensation Interplay With Social Security

Date: June 14, 2010
Posted In: DLP Law

Mick and Keith worked at Charlie\’s Furniture Store and were carrying a large box to load in a truck. Mick lost his footing and his grip on the box, causing poor Keith to assume most of the 200-pound weight. Keith felt a pop in his lower back and sure enough, ended up causing serious damage to three different discs. Keith would end up going on workers\’ compensation for what looked like an extended period of time, especially in light of the multiple operations he had to undergo.

Issue: Despite the fact that Keith was only 28, would he be able to apply for Social Security despite the fact that he was already receiving Workers\’ Compensation?

Answer: Yes. An individual can collect federal social security at the same time he is receiving state Workers\’ Compensation benefits. Most times though, the Social Security benefits will be reduced dollar-for dollar by what the individual is receiving in state benefits. On most occasions the individual will be receiving, with the combination of both programs, approximately 80% of his pre-injury gross wage.

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.