Getting benefits for work-related disability

On Behalf of | Apr 26, 2022 | Social Security Disability

Many people in the San Diego area work in physically demanding and/or dangerous jobs. They are at the risk of suffering a serious injury in an accident or a severe illness because of a toxic exposure.

Over the long haul, they may develop an occupational disease or injury which can also leave them unable to work. Debilitating workplace injuries are not just physical in nature.

Many people work in service professions which, despite the best precautions, can leave them traumatized and suffering from a mental health condition.

Californians are eligible to obtain Social Security for work-related injuries

In order to receive disability benefits, a person who has suffered a work injury or illness will have to qualify for them. Basically, a person will have to show an inability to find work because of her condition. The Social Security Administration must recognize her condition as eligible.

The good news is that benefits are awarded on a no-fault basis. A person need not show that his employer was responsible for the injury or illness in order to get Social Security. From a Social Security perspective, it does not matter if an injury or illness is work-related or not.

Someone also receiving worker’s compensation may have a limited recovery

Like other states, California has a workers’ compensation program. A worker who has suffered a work-related illness or injury may use this program to obtain regular benefits to cover part of his lost income.

Receiving these benefits does not stop a person from obtaining Social Security. However, there is a legal limit on how much the Administration will pay for so long as a person also is drawing workers’ compensation.

The maximum dollar amount of one’s Social Security benefits depends on a person’s circumstances, but the idea is a person cannot receive more than 80% of her gross wages from both workers’ compensation and Social Security.