Workers Comp and Social Security: Can You Get Both?

✓ Verified October 05, 2026

Workers comp and social security can be paid to you at the same time. However, federal law caps how much you can get from both combined. If the total is too high, Social Security usually lowers your disability check. Many injured workers find the reduced amount is still worth having. This guide covers the cap, the states where the rule works differently, and the mistakes that can cost you money.

The short answer: Yes, you can get both. Social Security Disability Insurance (SSDI) and workers’ comp can be paid together. However, your combined monthly benefits generally cannot be more than 80% of your average earnings before you became disabled. If they go over that line, SSA typically cuts your SSDI to make up the difference. Your workers’ comp check usually stays the same, unless you live in one of the “reverse offset” states. Social Security retirement benefits are generally not reduced at all.

Workers Comp And Social Security: The Rule

The rule for workers comp and social security is called the “offset.” It is in Section 224 of the Social Security Act. Under it, your workers’ comp and SSDI together typically cannot exceed 80% of your “average current earnings.” SSA figures that number from your best earning years before you got hurt. As a result, higher earners often see a smaller cut than lower earners.

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Some money does not count toward the cap. For example, payments for medical bills, legal fees, and rehab costs are usually left out. The offset also covers only SSDI. Your workers’ comp check pays the same amount either way. In most cases, the offset lasts until you reach full retirement age, which is 67 for anyone born in 1960 or later. It can also end sooner, once your workers’ comp stops.

Here is how the key pieces line up. The offset example is illustrative only. Every case is different.

Item SSDI (Social Security Disability) Workers’ Comp
Who pays Federal government (SSA) Employer’s insurer or state fund
Who qualifies Any disability, but it must stop all substantial work for 12+ months Job-related injury or illness only
2026 work-earnings limit $1,690/month ($2,830 if blind) Varies by state
Waiting period 5 full months of disability Typically 3–7 days, set by state law
Reduced when you get both? Yes, in most states, if the combined total is over 80% of average current earnings Only in reverse offset states
Example: average earnings $4,000/month 80% cap = $3,200 combined Weekly comp equal to $2,000/month
Example result $1,800 SSDI cut by $600 to $1,200 Stays $2,000; total $3,200
Offset ends At full retirement age (67 if born 1960+) or when comp stops N/A
Appeal deadline 60 days from the SSA notice (plus 5 days for mail) Set by your state board

You can check the 2026 work-earnings figures on the SSA substantial gainful activity page. SSA explains the offset itself on its disability benefits page.

When the Answer Changes

The biggest exception is the “reverse offset.” In these states, your workers’ comp check gets reduced instead of your SSDI. SSA approved reverse offset plans for a small group of states. They include California, Colorado, Florida, New York, Washington, Minnesota, Ohio, and Oregon, among others. If you live in one of these states, the insurer may lower your weekly comp. Typically, your SSDI then stays whole. Your state workers’ comp board can confirm whether its law has this rule.

Other types of benefits work a little differently. Social Security retirement benefits are generally not offset by workers’ comp. Supplemental Security Income (SSI) is different, though. SSI is needs-based. After the first $20, every comp dollar typically lowers your SSI by a dollar. The 2026 federal SSI maximum is $994 a month for one person. Federal workers are also different. They get comp under FECA through the U.S. Department of Labor’s FECA program. Those workers usually cannot collect full FECA and full SSDI for the same injury.

Lump-sum settlements are also a common trap with workers comp and social security. SSA does not ignore a lump sum. Instead, it spreads the money out over time and treats it as a monthly payment. How the settlement papers word that spread matters a great deal. For example, a settlement that spreads the money over your remaining life expectancy can mean a much smaller monthly offset. A short spread can mean years of reduced SSDI.

What to Do Next

First, report your workers’ comp to SSA. That includes the start date, the weekly amount, and any change or settlement. If you don’t report it, SSA may overpay you. In that case, you would typically have to pay the money back later. Keep copies of every comp check stub, award letter, and settlement agreement. As a result, you will have the proof SSA asks for.

If SSA sends a notice reducing your SSDI because of workers comp and social security offset rules, you generally have 60 days to appeal, plus 5 days for mailing. Your state also sets its own deadlines for filing a comp claim. Confirm both deadlines with SSA, your state workers’ comp board, and a licensed attorney before acting.

Second, get help before you sign any settlement. A settlement can change your SSDI for years. It can also affect Medicare. Medicare typically starts after 24 months of SSDI. Large settlements may need a Medicare set-aside plan. A licensed workers’ comp attorney can help you review the wording on proration. Ask whether they coordinate with an SSDI attorney. The stakes on workers comp and social security are high, so it’s worth checking before you sign.

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Frequently Asked Questions

Will getting workers comp and social security at the same time cut my comp check?

In most states, no. SSA usually reduces your SSDI, not your workers’ comp. However, in reverse offset states, your comp check may be reduced instead.

Does the workers comp and social security offset last forever?

Typically, no. The offset generally ends when you reach full retirement age or when your workers’ comp stops. At that point, SSA usually restores your full SSDI amount.

Can a lump-sum settlement change my SSDI?

Yes. SSA turns the lump sum into a monthly rate, and that rate counts toward the 80% cap. A well-written proration in the settlement can lower the offset. Ask a licensed attorney to review the wording first.

Bottom line: You can usually get workers comp and social security at the same time. The combined total is generally capped at 80% of your average earnings, and SSDI is the check that usually gets cut. Report everything to SSA, be careful with settlement wording, and confirm the exact figures and deadlines with your state workers’ comp board and a licensed attorney.

Workers comp and social security: Quick Recap

If you remember one thing about workers comp and social security, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about workers comp and social security should be confirmed with the agency before you act on it.

Questions about workers comp and social security that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.

See your state’s exact numbers

What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.

Find Your State’s Workers Comp Guide →

Sources & How to Verify

The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.

  • Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
  • U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
  • NCCI: ncci.com — workers’ comp rating and benefit data
  • Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
  • Insurance Information Institute: iii.org — neutral workers’ comp background

Content last reviewed October 2026. If you notice an outdated figure, please contact us.

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