CAN I GET SOCIAL SECURITY FOR AN ON-THE-JOB INJURY?

Having an injury occur on the job does not prevent you from getting Social Security disability benefits if you are unable to work.

For most on the job injuries there will probably be a workers compensation claim.  Receiving a workers compensation insurance settlement does not usually prevent you from getting Social Security disability benefits.  However, depending on how your workers compensation settlement is structured, there might be an offset that will affect the amount of the Social Security benefit.  Often there is not even an offset. (The Forsythe Firm does not handle workers compensation claims).

As with all Social Security disability claims, getting benefits depends on the severity and duration of your injury.  Here are some very general guidelines:

  • You must be unable to work for a period of no less than 12 consecutive months. This is called the duration requirement.  Note:  You do not have to be off work for 12 months before filing a Social Security disability claim.  
  • Your impairment must be so severe that you cannot perform your past work OR any other work during the time you claim disability benefits.
  • Social Security will require medical evidence of your inability to work.
 In summary, disability claims involving on the job injuries are handled essentially like any other Social Security claim.  You will be required to provide Social Security with an authentic original copy of your workers compensation settlement.  

 

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