Your paychecks stop after an on-the-job injury in North Carolina puts you out of work, but your family’s expenses don’t. Medical bills and daily expenses still pile up, leaving you wondering how to stay afloat.
Workers’ compensation and Social Security Disability Insurance (SSDI) are two programs that can provide relief. The good news is you may qualify for both. The catch? When these benefits overlap, the Social Security Administration (SSA) may reduce your SSDI payments if you’re already receiving workers’ comp.
Understanding how the systems work together and having a Winston-Salem workers’ comp lawyer can help you protect your income and secure the maximum benefits available.
Workers’ Comp: Protection for Job-Related Injuries
North Carolina law requires most employers to carry workers’ compensation insurance. This system is designed to help injured employees by providing no-fault benefits in the event of an on-the-job accident.
Workers’ comp typically covers:
- Medical treatment for your work injury, including hospital stays, physical therapy, and medications
- Wage replacement, usually about two-thirds of your average weekly pay, up to a state-set maximum
- Permanent disability benefits if your injury leaves lasting limitations
- Vocational rehabilitation if you can’t return to your role
For instance, if a construction worker falls from scaffolding in Old Salem and suffers a serious back injury, workers’ compensation would cover the medical treatment and part of the lost wages.
SSDI: Federal Support for Long-Term Disability
SSDI isn’t tied to where or how you got hurt. It’s a federal benefit for individuals with severe medical conditions that prevent them from working full-time.
To qualify, you must:
- Prove your disability will last at least 12 months or is terminal.
- Show you cannot perform your past job or adjust to other work.
- Have built up enough work credits (at least 40) by paying into Social Security through your wages.
For example, a nurse with a 30-year career at Wake Forest Baptist develops multiple sclerosis and can no longer work. SSDI provides monthly payments even though the illness isn’t job-related.
How Workers’ Comp and SSDI Overlap
It’s possible to receive workers’ comp and SSDI benefits in North Carolina, but the two programs don’t operate in isolation. A federal offset rule determines how much you can collect when both benefits are paid at the same time.
Here’s how it works:
- The 80% Rule: Workers’ compensation plus SSDI cannot exceed 80% of your average earnings before your disability.
The Effect: If your workers’ comp payments already reach that limit, your SSDI benefit will be reduced. Once workers’ compensation stops, your SSDI may increase again.
For instance, a retail worker earning $1,100 a week before an injury could receive $733 from workers’ comp and $147 from SSDI. Even if their SSDI benefit is usually higher, the offset rule caps the combined total at 80% of the average weekly wage, or $880.
Why Applying Can Get Complicated
At first glance, applying for both workers’ comp and SSDI may seem straightforward. But in reality, the two programs use different definitions, paperwork, and timelines, and even minor mistakes can delay or reduce your benefits. North Carolina also adds state-specific rules that affect how your claims interact.
Common challenges include:
- Different Standards: Workers’ comp asks whether your job caused your condition, while SSDI examines whether you can still work. Proving both requires carefully prepared medical records.
- Timing Issues: Many people apply for SSDI while still receiving workers’ compensation. If the filing dates overlap, the benefits can stack, triggering a larger offset.
- Settlement Pitfalls: Social Security may treat a lump-sum settlement as a one-time payment, which reduces SSDI benefits, unless the agreement clearly indicates that the money will be spread over future months.
- Medical Reports: Doctors may describe your restrictions differently for each program, which can lead to confusion or disputes.
- State-Specific Limits: As of 2025, wage replacement in North Carolina is capped at $1,380 per week. Even with this cap, that support still counts toward the SSDI offset.
- Length of Benefits: Workers’ comp continues until you reach maximum medical improvement or settle your claim, which affects when SSDI starts to matter most.
- Vocational Rehabilitation: In North Carolina, injured workers may take part in retraining or job placement programs, and participation can influence how the SSA decides whether you’re unable to work.
Managing these details is exhausting when you’re already coping with an injury. Working with an experienced Winston-Salem disability lawyer can keep your claims on track, minimize the impact of offsets, and protect the benefits you depend on.
How Lewis & Keller Injury Lawyers Can Help
At Lewis & Keller Injury Lawyers, we regularly guide North Carolinians through workers’ comp and SSDI claims.
Our team knows how to:
- Structure settlements to reduce SSDI offsets.
- Prepare applications that meet state and federal standards.
- Communicate with doctors so that medical evidence supports both claims.
- Push back when insurers or agencies delay or deny benefits.
Above all, we understand the stress of being out of work while bills continue to arrive. We aim to ease that burden and fight for every dollar of support you deserve.
Protect Your Future After an On-the-Job Injury
You may qualify for workers’ comp and Social Security Disability benefits in North Carolina, but the process is rarely straightforward. Lengthy approval times may leave families relying on savings or credit, and overlapping offset rules, state caps, and federal regulations often diminish the overall benefit amount.
Instead of managing this alone, contact our law firm for a free case review. Our team knows how to guide you through both systems, protect your income, and provide you with the peace of mind to focus on recovery.
