How Does Workers’ Compensation Affect Disability Benefits?
September 3, 2024 | Workers’ Compensation
If you were injured at work in Wyomissing, PA, you may be eligible for workers’ compensation, Social Security disability benefits, or both. Workers’ compensation and disability benefits are similar but have key differences.
Continue reading about these programs and how workers’ compensation can affect disability benefits. Contact our office if you’ve been injured at work to discuss potential workers’ compensation and disability benefits in your case. Your first consultation is free.
What Is Workers’ Compensation?
Workers’ compensation provides financial benefits to employees who suffer an injury or illness. Pennsylvania requires many employers to carry workers’ compensation insurance for their employees.
Workers’ compensation covers lost wages, medical expenses, and, in some cases, death benefits. It may also cover partial and total disability if you cannot return to work at the same level as before your accident or are prevented from working again.
You are eligible for workers’ compensation if your employer has workers’ compensation insurance, you are an employee at the time of your injury or illness, and your injury or illness was work-related or occurred during the scope of your job duties.
In addition, you must report your injury to your employer and claim workers’ compensation within the applicable deadlines. Contact an experienced Pennsylvania workers’ compensation lawyer as soon as possible to help you navigate these deadlines.
What Is Social Security Disability Insurance?
Social Security Disability Insurance (SSDI) pays benefits to people who can no longer work because they have a severe medical impairment that is expected to last long term.
Unlike workers’ compensation, your injury or illness does not have to be related to your job for you to receive benefits. Rather, you must have a sufficient work history to qualify for SSDI, and your impairment must be expected to last for at least one year.
How Much Workers’ Compensation Can I Receive?
Pennsylvania sets minimum and maximum amounts of workers’ compensation you can recover. The minimum compensation rate is either 90% of your average weekly wage or 50% of the average weekly wage in Pennsylvania—whichever amount is lower. The maximum amount a worker can receive in Pennsylvania, as of 2024, is $1,325.
There are also limits on how long one can receive certain workers’ compensation benefits. For example, partial disability payments can be awarded up to 500 weeks.
How Much Can I Receive In Disability Benefits?
To determine the amount of disability benefits you can recover, the agency looks at your average earnings at jobs where you paid Social Security taxes.
The average monthly amount of benefits the Social Security Administration can award is $3,244 in 2024, though this amount is regularly updated to reflect the cost of living increases. The average amount of disability benefits in Pennsylvania is about $1,777.
Will Workers’ Compensation Affect My Disability Benefits?
If you receive workers’ compensation and Social Security disability insurance benefits simultaneously, your disability benefits may be impacted.
The Social Security Administration requires offsetting your disability benefits to ensure your total benefits from both programs do not exceed 80% of your “average current earnings.” Calculating the value of your “average current earnings” is not always straightforward, but a skilled workers’ compensation and disability benefits attorney can help you determine the appropriate amount.
Contact An Experienced Pennsylvania Workers’ Compensation and Disability Benefits Attorney
Consult an experienced Wyomissing personal injury attorney as soon as possible after your work-related injury to ensure you receive full benefits. You may be entitled to both workers’ compensation and Social Security disability benefits, and if you are, you want to ensure that any offset amount is accurate.
Our experienced workers’ compensation and disability benefits lawyers are ready to take your case in Wyomissing, PA. Contact Marzzacco Niven & Associates to schedule your free consultation.
Contact the Workers’ Compensation Lawyers In Pennsylvania at Marzzacco Niven & Associates For Legal Help With Your Case Today
If you’ve been injured in a workers’ compensation, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:
Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640
York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998
Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325
Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378
Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732
Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810
Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954
Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963