A Marylander who suffers a debilitating workplace injury can seek both workers’ compensation under Maryland law and federal Social Security disability benefits. There is no rule against doing so.
However, the worker will need to remember that these are two different systems with two different sets of rules and requirements.
To succeed on a Social Security disability claim, a person will have to demonstrate that a medical condition recognized by the Social Security Administration as an “impairment” prevents them from working and will last for at least 12 months.
They will have to meet other criteria as well, and monthly cash benefits are subject to a cap. That said, an injury does not have to be work-related for a person to qualify for disability benefits.
If a person in the greater Baltimore area is disabled because of a work-related injury, they may be eligible also to claim workers’ compensation benefits. There are eligibility requirements and a process for obtaining these benefits, and they also have limits.
The key eligibility question usually is whether an injured worker is an employee who has a work-related illness or injury.
While most employees would access these benefits through Maryland’s workers’ compensation system, injured or ill federal employees can get benefits too through the Federal Employment Compensation Act.
Social Security payment may be reduced if a person receives workers’ comp
While it is possible in the right circumstances to receive both workers’ compensation and Social Security disability, the Social Security Administration enforces a rule which may limit a person’s disability payments.
Basically, if between disability and workers’ comp, a person is drawing more than 80% of what they earned on average before their illness or injury, then the Administration will reduce the Social Security payment so that the person draws 80%.
To give an example with round numbers, if an injured person averaged $5,000 a month and now receives $3,000 a month in workers’ comp, the most the Social Security Administration will pay is $1,000 a month, since 80% of $5,000 is $4,000.