If an injured worker is already receiving Social Security Retirement Benefits can he or she also receive workers compensation benefits or Social Security Disability Benefits at the same time?
Yes. However, the law provides for a reduction or offset in worker’s compensation benefits if an injured worker is also receiving social security retirement benefits. The offset applies differently for social security retirement then for social security disability benefits. If an injured worker is receiving both social security disability benefits and workers compensation benefits simultaneously, the compensation benefits may not exceed 80% of the injured worker’s average weekly wage. At age 62, the Social Security Administration converts disability benefits to retirement benefits. If an injured worker is receiving both social security retirement benefits and worker’s compensation benefits simultaneously, the social security retirement benefit is primary and the workers’ compensation benefit is supplemental only. The two benefits together cannot exceed the basic wage loss benefit. If an accident occurred prior to 01/01/94, the insurance company cannot take the disability offset after t
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