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Workers' comp and SSD: can I collect both for a workplace injury?

As you probably already know, workers' compensation benefits are not just available to injured workers here in California but are available across the nation. That's because, legislatures in every state realized that it's unfair to ask a worker to suffer the financial burden that comes with a work-related injury, especially when that injury was the result of an employer's negligence.

But as you probably also know, not all work-related injuries are temporary. Some can be incredibly disabling, lasting much longer than a person may expect and requiring many more medical treatments than they budgeted for. In these cases, more compensation may be required such as disability benefits from the Social Security Administration.

But can an injured worker receive both SSD and workers' compensation at the same time?  Let's take a look.

According to SSA, a person may receive SSD -- short for Social Security Disability -- and workers' compensation at the same time provided an applicant's condition meets the definition of a disability under SSA guidelines. 

It's important to point out though that the amount of benefits received from SSD can be impacted by the workers' compensation benefits the person is also receiving.  Per SSA guidelines, the benefits received by both workers' compensation and SSD may not exceed 80 percent of a person's average income prior to becoming disabled.  If the total benefits exceed this amount, SSD payments may be reduced.

Because getting compensation for a workplace injury is important, you may want to discuss all of your legal rights with a knowledgeable attorney first before exploring your options for compensation.  With their help, you can see what your best options may be while also receiving help in obtaining the benefits you deserve.

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