Illinois Lawyer Referrals and Legal Guidance
Social Security and Workers’ Compensation in Illinois
If you are injured at work, there may be more than one option available when it comes to benefits. A lot of people wonder if they can collect workers’ compensation benefits and get social security disability benefits at the same time. Although some Illinois Workers’ Compensation attorneys say no, the answer is yes.
However, when it comes to social security benefits, the government can reduce the amount you would otherwise receive. This is called an offset. The law says that if you have other sources of income – public assistance, workers’ compensation – your benefits can be reduced. The general rule is that workers’ compensation and social security benefits together cannot exceed 80% of your former earnings. The idea is that this will prevent people from making more money while home on disability than they would make working.
It is especially important to consider the implications of social security when settling your workers’ compensation claim. An experienced work injury attorney can include language in the settlement agreement to protect your social security benefits as much as possible. It is common to do this. We call it spread language. Although you receive your settlement in a lump sum, the contract can be written in a way that spreads out how the government looks at when the benefits are received.
While both of these systems are in place to compensate workers who are injured, eligibility differs greatly. Just because you are eligible for social security disability does not mean you are permanently disabled under workers’ compensation laws in Illinois.
“Disabled” under social security means that it’s anticipated that you’ll be off work for a year or more (not necessarily forever). Permanently disabled under workers’ compensation actually means permanent. The bottom line here is that your eligibility for social security is not relevant in determining your status under workers’ comp.
There are some ways that social security eligibility can be useful in your work injury claim. For example, if you were sent to a doctor for social security, then those records may be used as evidence in a workers’ compensation hearing.
There are attorneys in Chicago and throughout Illinois who have significant experience helping workers navigate both social security and workers’ compensation. Neither the government nor the workers’ compensation insurance company is that interested in whether you’re being fully compensated.
If you need help deciding whether you should apply for social security, or how it will affect your workers’ compensation settlement, or if you think your benefits are being reduced more than they should be, please contact us. Your call or e-mail is completely free and confidential.