Injured employees receiving workers' compensation disability benefits may qualify for other benefits, such as social security disability, unemployment compensation and short term or long term disability. In some cases the workers' compensation disability benefits and other benefits may offset one another.
Social Security Disability will not affect the amount of the weekly workers' compensation disability check, but the workers' comp benefits may offset the social security benefits. This offset will affect you if your income is below a certain level. There is a complex formula used by the Social Security Administration to determine the amount, if any, of the offset. You can learn the extent to which Social Security benefits will be offset by contacting the Social Security Administration.
If you receive total disability benefits under workers' compensation, you may also qualify for unemployment compensation. The employer/ insurer can receive a credit for each dollar of unemployment compensation paid against the workers' compensation benefits they are required to pay. For instance, if you are entitled to receive $300 per week in workers' compensation benefits, but are paid $100.00 per week for unemployment compensation, the employer is entitled to a credit of $100.00 per week against workers' compensation benefits for each week you are paid unemployment compensation.
The interaction between workers' compensation benefits and private short-term disability (“STD”) and long-term disability (“LTD”) is more complex. The language in the STD or LTD policy control's the interaction between its benefits and workers' compensation benefits. Some policies state they will not pay benefits for a work related injury. Others will pay, but will take a credit for workers' compensation benefits received by the employee. Still others will pay full benefits regardless of whether the employee is receiving workers' compensation benefits.
Georgia law gives the employer/insurer a credit for any benefits you are paid from a STD or LTD policy in direct proportion to the amount of the premium paid by the employer. For example, if a long term disability policy pays $400.00 per week and the employer pays 100% of the LTD policy premium, the employer/insurer can take a weekly credit of $400.00 against the workers' compensation disability payment. If the employer only pays 50% of the premium and the employee pay the other 50%, the employer is entitled to a credit of $200 per week. If the employee paid 100% of the premium, the employer is not entitled to any credit.
Questions
Q1. Can I apply for social security disability benefits at the same time I am receiving workers' compensation benefits?
Yes. However, there may be offsets as described above.
Q2. How do I find out if my LTD or STD policy covers me for disability related to work injuries?
Generally, companies that provide the option of private disability insurance coverage also provide an employee handbook. Most of the handbooks will address this question and explain how the policies interact with workers' comp benefits. If the employee handbook does not answer this question, you can usually obtain this information directly from the private disability insurer. Be aware, however, that asking the private disability insurer for this information may cause the insurer to more closely examine your claim for disability benefits.
Q3. How can I receive unemployment compensation benefits while receiving workers' compensation disability benefits?
To obtain unemployment benefits you must certify you are ready, willing and able to work. If you are out of work receiving disability benefits because you are restricted in your work abilities and not totally disabled, you may be entitled to unemployment benefits if you can work within those restrictions if you find the right job.
