Getting injured while working is not something that anyone can predict or prepare for well in advance. At most, what employers can do is make sure that the employees are covered by a Workers’ Compensation insurance.
As the name implies, Workers’ Compensation is provided to those employees who get involved in an accident, or get injured, while in the line of work. In some states such as Massachusetts, Workers’ Compensation is a requirement for employers. Now, while this may be so, some employees are not keenly aware of what benefits they could expect under the Workers’ Compensation Program.
Workers’ Compensation and Social Security Disability Benefits in Massachusetts
If you are not sure whether you can file a claim for both Workers’ Compensation and Social Security Disability Benefits, your best move would be to consult a lawyer; and, most likely, these lawyers would tell you that this is possible but with some limitations. For one, your workers’ compensation benefits could greatly cut down the amount of benefit you can get from your Social Security Disability benefit.
In order to have an idea on how much you might be able to get from both, you need to identify first your high year of income. You can either take your highest year of income within the 5-year period prior to year of injury, or get the average of your income within the past 20 years. Go with the highest number. Once you have this, you can start computing for your 80% ACE. The 80% ACE is computed by getting your high year income and then divide it by 12. You shall then multiply this by 80% in order to get your 80% ACE. Your 80% ACE would give you an idea on how much you can get from your workers’ compensation claim and from your Social Security Disability Benefit.
In order to determine if you would be able to get something from your Social Security Disability benefit once you have your workers’ compensation benefit, all you have to do is deduct the monthly workers’ compensation from the 80% ACE. The resulting figure would be what you would probably be getting from the Social Security Disability benefit.
You have to keep in mind that, with the computation as well as the process, being complicated, it is always best to get the services of lawyers in Northampton, MA before you file a claim for either. That way, you already have an idea if you should file for both.
Can I Receive Both Workers’ Compensation Benefits and Social Security Disability benefits? .massachusettsworkerscompensationattorneyblog.com
EMPLOYER’S GUIDE TO THE MASSACHUSETTS WORKERS’ COMPENSATION SYSTEM ,nahant.org/documents/inspectional_services/Inspectors/erguide.pdf