Can You Collect Social Security Disability And Workers’ Compensation At The Same Time?

A workplace injury can turn your life upside down. Medical bills are piling up, you might not be able to work (now or ever again), and the future feels uncertain. The good news is you don’t have to shoulder this burden alone.

Systems like workers’ compensation and Social Security Disability Insurance exist to help, but can you collect Social Security Disability and workers’ compensation at the same time? The experienced New York construction accident attorneys at Schwartzapfel Lawyers are here to help you better understand your options.

For a free consultation, call us now at 516-342-2200 or visit us online to schedule today. Alternatively, please continue reading.

Who Is Eligible For Workers’ Compensation In New York?

Workers’ compensation is a type of insurance that protects you if you’re injured while at work or in the performance of job-related duties. This could mean an injury on a NYC construction site or a back strain from picking up a heavy box for your boss.

In New York State, virtually all private employers and non-profit organizations must carry this insurance. This is because workers’ compensation laws, as a matter of public policy, are designed to provide protection and peace of mind to workers on and off the job site. So, let’s discuss what it all covers.

What Benefits Does Workers’ Compensation Provide?

If you’ve been hurt on the job, workers’ compensation has your back — in more ways than one. As an illustration, consider the following:

Your Health Is The Priority

Workers’ comp wants to get you the medical care you need to recover, both physically and mentally. This can include covering the costs for doctor’s visits, hospital stays, surgery, physical therapy sessions, and beyond.

It can even extend to things like prescription medications and medical equipment (e.g., a cane, crutches, or a wheelchair) if they’re necessary for your treatment.

Replacing Lost Wages

An injury can mean lost income, making it difficult to pay the rent or put food on the table. Workers’ compensation steps in with wage replacement benefits. Here, the type of benefit you get depends on how your injury impacts your ability to work:

  • Temporary Disability: Can’t work at all while you recover? You may be eligible for temporary total disability benefits.
  • Temporary Partial Disability: If your doctor allows light-duty work or reduced hours, you may qualify for temporary partial disability benefits.
  • Permanent Disability: Tragically, some injuries have long-lasting effects. If your doctor determines that you have a permanent disability, workers’ comp may pay for those continuing limitations that impact your ability to earn income.

No one wants to think about it, but workplace accidents can be fatal. In the unthinkable event that you lose a loved one in a work-related accident, workers’ comp provides death benefits to surviving family members. These benefits offer some financial support during an incredibly difficult time.

It’s Time To Act

Don’t delay in seeking the help you deserve. There are strict deadlines for filing a workers’ compensation claim. The clock is ticking, so, please, don’t wait until it’s too late. Instead, act now and call the knowledgeable attorneys at Schwartzapfel Lawyers at 516-342-2200 today.

Who Is Eligible For Social Security Disability?

Unlike workers’ compensation, where getting hurt on the job qualifies you for benefits, Social Security Disability Insurance (SSDI) comes with a somewhat stricter set of rules. Below, we’ve broken down the key information you need to know:

Work Credits

You can think of Social Security as a system you pay into while you’re working. As you earn “credits” by paying taxes, the amount of credits you would need to qualify for SSDI will depend on your age when you become disabled.

That said, younger workers may be able to qualify with fewer credits. The process is complicated, and that’s why an experienced attorney can be invaluable in understanding your specific situation.

What Does “Disabled” Mean In Social Security?

Social Security isn’t concerned with just any medical condition. To qualify, you must have an impairment that has lasted or is expected to last for at least (12) months.

More importantly, this impairment must severely limit your ability to perform basic work tasks. Think about actions like standing, sitting, lifting, walking, or remembering information.

If your condition prevents you from doing these things consistently, it might fall under Social Security’s definition of “disability.”

What Is The Application Process Like?

Social Security doesn’t make it easy to get disability benefits. There’s a two-part process involved that looks like this:

  • The Presumptive List: Social Security has a list of medical conditions so severe they automatically qualify you for benefits. Examples include severe organ failure or certain cancers.
  • The Assessment: For everyone else, your application goes through a thorough review. Social Security will probably look at your medical records and your work history, then possibly have you examined by their own doctors. They’re trying to determine if your condition stops you from doing not just the job you had before but any type of reasonably available work.

It’s important to understand that applying for SSDI is often a lengthy process. Many applications are initially denied, and you may need to file an appeal to get the full benefits you’re entitled to. Here, a skilled attorney can make all the difference by fighting for your rights — in writing and, if necessary, in court.

What Benefits Are Provided Through SSDI?

If you qualify for Social Security Disability Insurance, there are two (2) main types of benefits you could receive:

Wage Replacement

SSDI doesn’t aim to replace your entire paycheck, but it does offer a crucial financial safety net. The amount you receive is complicated — it depends on your age, how much money you’ve made over your working life, and how long you’ve paid into Social Security. Generally, the average SSDI benefit provides about (40%) of what a person earned before their disability.


While SSDI benefits kick in right away, your eligibility for Medicare might not. After receiving SSDI benefits for two years, you’ll usually qualify for Medicare, regardless of your age. This opens the door to essential healthcare coverage when you may need it the most.

Supporting Your Loved Ones

In some cases, your family members may also be eligible for benefits based on your SSDI qualification. These could include financial assistance for spouses above a certain age or added benefits for minor children. There could also be healthcare coverage options through Medicaid or the Children’s Health Insurance Program (CHIP).

SSDI benefits exist to offer much-needed support during exceptionally challenging times. However, understanding the details — such as eligibility criteria and potential benefit amounts — can be overwhelming.

That’s where qualified attorneys like the ones at Schwartzapfel Lawyers come in. We can assess your individual situation and will fight to get you the maximum financial compensation and benefits you’re entitled to. To stop worrying and start recovering, call us now at 516-342-2200 or schedule your free consultation online today!

Can You Collect Social Security Disability And Workers’ Compensation At The Same Time?

And now for the million-dollar question: Can you collect Social Security Disability and workers’ compensation at the same time? The good news is that, in many cases, you can. This means more financial support to help you through a difficult time. However, there’s an important rule to keep in mind:

The 80% Rule

Generally speaking, the combined benefits you receive from workers’ comp and SSDI together can’t exceed (80%) of the average wage you earned before your injury. And so, if the total amount is more, your SSDI benefits would be reduced until it meets that limit.

Working the System

Getting approved for both workers’ compensation and SSDI can be complicated. Your best resource is an experienced New York workers’ comp and Social Security Disability attorney like the attorneys at Schwartzapfel Lawyers.

We can help you assess your eligibility for both benefits as well as guide you through the application process to maximize your chances of success. So, please, don’t wait until it’s too late. Your financial future is too important to leave to chance. Protect it in the present by acting now and dialing 516-342-2200 today!

What Other Potential Benefits You Can Receive If You’re Injured On The Job?

Beyond workers’ compensation and SSDI, there might be other benefits available depending on your situation:

Employer-Provided Disability

Some employers offer short-term or long-term disability insurance. Be sure to check your benefits package. There might be time limits to apply, so don’t delay in seeking this information.

NY State Temporary Disability

If your workers’ comp claim is being disputed or your injury wasn’t work-related, this program could provide some income. The benefits are generally less than workers’ comp, and it only covers up to (26) weeks of missed work.

Means-Tested Benefits

Programs like Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and Unemployment Insurance could provide additional support. Eligibility is based on your household income, and benefits from these programs may also be reduced depending on the amount of workers’ comp benefits you receive.

Union Benefits

If you’re a union member, be sure to check if your union offers any additional benefits while you’re out of work due to an injury.

The world of benefits after a workplace injury is a tangle of rules and restrictions. It can feel like you need a law degree to figure it all out. Don’t let frustration get the better of you — contact the seasoned attorneys at Schwartzapfel Lawyers at 516-342-2200 for a free consultation. It will be our honor and privilege to fight for you every step of the way!

Schwartzapfel Lawyers Is Ready To Assist You

Sorting through benefits programs after an injury can be stressful, especially as you focus on what’s most important: getting better. But you should remember that you don’t have to shoulder this burden alone.

The knowledgeable attorneys at Schwartzapfel Lawyers can help you through these complicated systems and get you all the money benefits you deserve.

One phone call may save you miles of headache, heartache, and financial strain down the road, so, please, call us today at 516-342-2200 for a free consultation. No matter your situation, we’re here for you.

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You

Introduction to the Disability Benefits Law | Workers’ Compensation Board

Children’s Health Insurance Program (CHIP) | Medicaid

How Workers’ Compensation and Other Disability Payments May Affect Your Benefits | SSA

602.Impairment Lasting or Expected to Last at Least 12 Months | SSA

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