When you’re hurt on the job, it can throw your life totally off course. You might need medical care, time off work, and help covering your bills. If you’ve been injured at work, you’re likely eligible for workers’ compensation benefits. And if your injury prevents you from working altogether for an extended period of time, you may be eligible for disability benefits, too. But figuring out how workers’ comp and disability they work together can get confusing fast.
Can you receive both? Will one cancel out the other? What if your injury becomes permanent?
Can You Get Both Workers’ Compensation and Disability Benefits?
Yes—you can receive both workers’ compensation and disability benefits at the same time, but there’s a catch: the total amount you receive may be adjusted. This is because of what’s called an offset.
If you’re getting Social Security Disability Insurance (SSDI) along with workers’ comp, your total monthly benefits can’t exceed a certain percentage of your pre-injury income. That’s where the SSDI and workers’ compensation offsets come into play. If your combined benefits go over that limit, the Social Security Administration may reduce your SSDI payment.
If you’re applying for short-term disability or long-term disability benefits through a private insurer (like a workplace policy), the rules may be different. Some policies will reduce your disability payment by the amount you get from workers’ comp.
So, while it’s possible to receive both workers’ comp and disability benefits, the total amount might not equal the full sum of each program on its own.
Workers’ Compensation Eligibility
To qualify for workers’ compensation benefits in Florida, your injury must be work-related. That usually means the injury happened while you were on the job, performing tasks within the scope of your employment.
Workers’ compensation eligibility covers most employees in Florida, including full-time and part-time workers. Independent contractors are typically not covered, but exceptions do exist in certain industries or job arrangements.
Florida’s workers’ comp system can provide:
- Medical treatment
- Temporary disability or lost wage benefits (while you recover)
- Permanent disability or lost wage benefits from workers’ comp if your injury causes lasting impairments
- Vocational rehab, if needed
Unlike SSDI, workers’ comp lost wage compensation doesn’t require you to be totally disabled for a long period—your injury just has to be work-related and prevent you from returning to your usual job right away.
Disability Benefits for Workplace Injuries
Social Security disability and workplace injuries can absolutely go hand in hand. Many people who suffer serious injuries on the job end up applying for SSDI if their condition is expected to last a year or more—or if they’re permanently unable to return to work.
You can also pursue short-term disability or long-term disability benefits through private insurance policies. These might be provided by your employer or purchased independently.
Here’s how they differ:
- Short-term disability vs. workers’ comp: Short-term disability may apply whether you’re injured at work or away from work. Workers’ comp is for on-the-job injuries only.
- Long-term disability vs. workers’ comp: You may qualify for both if your workplace injury becomes long-term or permanent. In many cases, if you’re getting worker’s comp wage loss benefits, your long-term disability payment may be reduced. Check your policy to be sure.
How to File for Workers’ Comp and Disability Benefits
Filing for both types of benefits means working with two separate systems. Here’s how it usually works:
- File your workers’ comp claim first – Start by reporting the injury to your employer as soon as possible. In Florida, you generally have 30 days from the date of injury. Your employer should report the claim to their workers’ comp insurance carrier.
- Begin medical treatment – Workers’ comp typically covers approved medical providers. Keep detailed records of your visits, diagnoses, and work restrictions.
- Apply for SSDI if your injury is long-term – If your doctors say you’ll be unable to work for 12 months or more, you may be eligible for Social Security Disability. You can apply online or in person, but the process can take several months.
- Let both systems know about each other – If you’re already receiving one type of benefit, be sure to report that when applying for the other. Failing to disclose can lead to overpayment or denial.
- Speak to an attorney – Applying for workers’ comp and SSDI can get complicated. A lawyer can help you coordinate your claims, meet deadlines, and avoid conflicts that can delay your benefits.
If you’re wondering how to file a workers’ compensation claim and apply for SSDI, it helps to have someone walk you through it step by step.
Can You Sue for Additional Compensation After Receiving Workers’ Comp?
It depends. In most cases, when you accept workers’ compensation, you give up the right to sue your employer. That’s how the system is designed—workers get guaranteed benefits, and in return, employers get protection from lawsuits. But there are exceptions.
You may still be able to sue a third party if someone else contributed to your injury. Examples could include:
- A subcontractor’s negligence on a construction site
- A defective product or machine that caused your injury
- A reckless driver who hit you while you were driving for work
These cases can lead to additional compensation for things workers’ comp doesn’t cover—like pain and suffering or the full value of lost wages.
Workers’ Compensation Settlement and SSDI Impact
If you reach a workers’ compensation settlement, that could affect your SSDI benefits—even if you haven’t started receiving them yet.
The Social Security Administration may reduce your monthly SSDI payments if the settlement includes future wage replacement benefits. To avoid this, settlements can sometimes be structured in a way that spreads out the payments and minimizes the SSDI and workers’ compensation offsets.
Before you agree to a settlement, make sure your attorney explains how it could affect your disability income. Once the paperwork is signed, changes become harder—and sometimes impossible—to make.
Get Clarity Before You File
You don’t have to figure this all out by yourself. Between workers’ comp paperwork, disability benefit applications, and the possibility of third-party claims, getting the money you need after an injury can feel impossible.
At Werner, Hoffman, Greig & Garcia, our workers’ compensation lawyers help people who are recovering from serious workplace injuries understand their benefits—and protect their right to collect everything they’re entitled to. Whether you’re applying for workers’ comp and SSDI at the same time, exploring third-party options, or trying to figure out how your benefits affect each other, we’re here to help. Reach out online or call our office today at 561-320-8285.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog
