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I recently met with a client who asked me how he could transfer or shift his Washington Workers’ Compensation claim into a Social Security Disability claim. The two areas often overlap, especially if a person is injured on the job and subsequent treatment doesn’t get them back to work. In that case, the worker may end up with active claims for both Social Security Disability and Worker’s Compensation. Social Security and Washington Workers’ Compensation insurance are essential safety nets, but they operate differently and are entirely independent.
Social Security vs. Workers’ Compensation
Social Security is a federal program that provides financial support to retirees, disabled individuals, and the surviving family members of deceased workers. It is funded through payroll taxes and is available to all qualifying U.S. workers. Social Security Disability Insurance (SSDI) is a specific component of Social Security that benefits individuals with long-term or permanent disabilities that prevent them from working.
On the other hand, Washington Workers’ Compensation Insurance is a state-run program designed to assist workers who suffer injuries or occupational diseases on the job. Administered by the Department of Labor & Industries (L&I), it provides medical treatment, wage replacement, and rehabilitation services to employees injured while working. Workers’ compensation only applies to job-related injuries or illnesses, whereas Social Security covers a broader range of situations, including age-based retirement.
Am I eligible for Social Security benefits?
Individuals must meet specific work history and earnings requirements to receive Social Security benefits. In the case of SSDI, applicants must prove that they have a disability that will last for at least 12 months or result in death.
Workers’ compensation benefits are available to any employee in Washington who sustains a workplace injury or illness, regardless of their work history, length of employment, or even fault. The process of filing for Workers’ Compensation is less stringent than SSDI, as workers only need to prove that an injury is work-related for a claim to be allowed. However, securing specific treatments, establishing your entitlement to wage replacement benefits, and possibly contending with tight-fisted self-insured employers and third-party representatives can be very challenging.
Let’s say you have a claim after being hurt on the job, but the doctors tell you that even after treatment, you aren’t physically able to work anymore. This may be the time to file for Social Security Disability benefits in addition to your worker’s compensation claim. As mentioned above, the systems have different criteria for claim allowance. Still, in these types of situations, a person may be able to benefit from both systems. There are maximum amounts that a person can receive per month from a combination of the two sources, but generally, you’ll receive more from a combination of the two programs than either one alone.
Requirements for Washington Workers’ Compensation vs. Social Security disability
While there is some overlap, the requirements for Washington State WC and SSDI differ. Here’s a quick and dirty list of requirements for Washington Workers’ Compensation vs. those with Social Security Disability:
You may be eligible for Workers’ Compensation if:
- You were injured while working in Washington State or working for a Washington employer
- Your injury occurred within the last year (or within two years from the date a doctor first told you that your condition is related to your job if filing an occupational disease claim)
- Your injury is related to your employment
- Your injury will require treatment
You may be eligible for Social Security Disability if:
- You have an injury or condition that has removed your ability to complete substantial gainful activity that has lasted, or is expected to last, more than one year
- You have worked in jobs covered by Social Security
- Your injury need not have happened during your employment – nor does it have to be related to the work you’ve done
If you’re trying to figure out which path to take, or if you’re wondering how to juggle both claims at once, reach out to us for a free consultation. With a bit of guidance, you can make the best of both programs and get the support you need.
