Abromson & Carey, Attorneys at Law
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27+ Years Helping the Disabled
Phone: 888-512-7031

Can I get both SSD benefits and worker's compensation?

Not surprisingly, many serious injuries that leave New Jersey residents disabled and unable to pursue employment actually happen at the workplace. To more or less of a degree, all places of employment have some dangers, and a Newark citizen who goes to work always has some risk of returning home seriously and permanently injured.

Like the other states, New Jersey has a workers' compensation system. When an employee gets injured on the job, without regard to whose fault the injury was, the employee gets paid a monthly amount to cover lost wages and medical expenses. In this sense, workers' comp serves the same purpose as Social Security Disability benefits.

Although it is possible to qualify for both workers' compensation and SSD benefits because of the same work-related injury, the Social Security Administration has rules that limit how much an injured New Jersey receive from both types of benefit. Specifically, a person can only receive combined benefits from both sources that are at or below 80 percent of the monthly income he or she was earning prior to the disability.

In practice, this means that if a person were earning $5,000 a month and then became disabled because of a work accident, that person could only claim a total of $4,000 in workers' compensation and SSD benefit each month. So, even if the person were otherwise entitled to $2,000 in disability payments but was receiving $3,000 in workers' compensation, then that person would only get $1,000 in disability payments until that person either reached retirement or stopped receiving workers' compensation payments.

While a New Jersey resident who got hurt on the job can in theory receive both SSD benefits and workers' compensation, there is a formula for figuring out whether and to what extent SSD benefits would be reduced.

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Abromson & Carey, Attorneys at Law
60 Park Place
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Newark, NJ 07102

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