John Lesaganich, P.C., Attorney at Law
Over Three Decades of Experience Helping Injured Workers In Illinois
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309-637-4052

Can you collect both workers' comp and SSD benefits in Illinois?

Sometimes a worker in Peoria will suffer a major injury in the course of work duties and will need to take time off work to recover. Leave the workforce involuntarily can have a significant financial impact on a person. For this reason, Illinois offers workers' compensation benefits and the federal government offers Social Security Disability benefits to qualified applicants. It is important to determine which type of benefits suits your situation, as, in general, a person who receives workers' comp will see a reduction in the amount of SSD benefits they are qualified for.

First, workers' comp is generally only collected for injuries or illnesses suffered in the workplace. However, a person who suffers an injury or illness either at work or outside of work may be able to apply for SSD benefits. In addition, workers' comp may be available to those who have a temporary injury. However, to qualify for SSD benefits, a person generally needs to have suffered an injury that will last a year or more, or is expected to be fatal.

In addition, while workers normally pay into the Social Security program through their wages, they generally are not responsible for paying workers' compensation insurance premiums. If a worker receives workers' compensation benefits, the total amount of SSD benefits they are qualified for cannot exceed 80 percent of what they earned, on average, before becoming disabled.

In some cases, it is possible to qualify for both workers' comp and at least some percentage of SSD benefits. However, this is not the case in every situation in which a worker is injured or made ill. Being unable to work can have serious financial consequences on an individual. Those who need help to determine on what types of benefits to pursue may benefit from first seeking more information about legal options.

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