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Can I Get Disability After Workers’ Comp Settlement?

  • Owner
  • 10/31/2022

Once your workers’ comp case has been settled, it’s normal to ask yourself — can I still receive some form of disability benefits in the future? The short answer is yes. You may be able to obtain or continue to get Social Security disability benefits after a workers’ comp settlement. However, the amount you are entitled to in Social Security disability benefits may be offset based on your workers’ compensation settlement. When you settle a workers’ compensation PA case, you will likely receive a lump sum of money. In order to determine the amount of the offset, there is a standard formula used.

How Do I Get a Workers Comp PA Settlement?

After a claim for workers’ compensation PA benefits in Pennsylvania is filed on your behalf, your lawyer will have the opportunity to attempt settlement negotiations with the insurance company. You may attempt to negotiate a settlement regardless of whether or not you are receiving workers’ comp. benefits. The PA workers’ comp lawyers at Pearson Koutcher Law specialize in workers’ comp. law cases – it’s all they do – and they are experienced in negotiating favorable settlements on behalf of their clients. Most settlements are for lump sum amounts, but some provide for periodic payments over time.

What Is the Difference Between Workers Comp PA Wage-Loss Benefits and Social Security Disability?

Workers’ compensation PA wage-loss benefits are designed to compensate a person, who sustained a work-related injury, for lost pay. Social Security Disability is a national program to support people who are unable to work because of a disability. If you are disabled in a car accident while on vacation, and you are questioning whether you are entitled to Social Security disability benefits when you previously entered into a workers’ comp. settlement, you may still be eligible for Social Security disability benefits. However, you are not eligible for workers’ comp. benefits because the car accident was not work-related.

Workers’ Comp Settlements and Social Security

  • Philadelphia Union Mechanic with Carpal Tunnel Syndrome obtains $95,000 Lump Sum Settlement

A Union general mechanic badly injured his hands while performing his work duties for his employer. The injured worker did not have a specific accident; instead he developed bilateral carpal tunnel syndrome as a result of the repetitive job duties he performed for the employer over a 10-year period. Philadelphia Workers’ Compensation attorney Jonathan Koutcher, a certified Workers’ Compensation specialist at Pearson Koutcher Law, previously litigated a Claim Petition on behalf of the injured worker that was granted by the Workers’ Compensation Judge. The injured worker was receiving ongoing wage loss benefits and underwent an additional wrist surgery before settling his case. Importantly, the injured worker was nearing retirement age and there may have been a credit against his receipt of wage loss benefits in the near future if he received Social Security and/or pension benefits. Thus, Mr. Koutcher was able to maximize the injured worker’s settlement.

  • $95,000 Worker Comp Settlement for Injured Auto Parts Delivery Person from the Lehigh Valley

A 74-year-old laborer from the Lehigh Valley injured his lower back while lifting car and truck batteries. Jonathan Koutcher represented the injured worker. The insurance company alleged that the injured worker fully recovered from his lower back injury and filed a petition to terminate his benefits. In opposition to the petition, Mr. Koutcher presented testimony from the injured worker’s treating pain management physician, who was providing the injured worker with lumbar spine injections. The injured worker had a relatively low average weekly wage as he only worked part-time when the accident occurred. Nevertheless, Mr. Koutcher was able to negotiate a settlement which has helped provide financial security for the injured worker and also eliminated any risk that his benefits would be cut off. The settlement included the funding of a Medicare Set Aside, which will cover the payment of the injured worker’s future work-related medical bills, because the injured worker was receiving Social Security benefits when the accident originally occurred.

Pearson Koutcher Law | Pennsylvania Workers Compensation Lawyers

If you have questions such as: Am I entitled to Social Security disability benefits during a workers’ comp. case or after receiving a workers’ comp settlement? or I have been injured at work, what should I do?, contact Pearson Koutcher Law today for a free consultation. The workers’ comp. attorneys at Pearson Koutcher Law are here to answer any questions you have about your Pennsylvania workers’ comp. claim.