There are at least three (3) important things to know about Virginia Workers' Compensation and Social Security Disability:
First, even though the worker has been found "disabled" by Social Security this is not binding on the Virginia Workers' Compensation Commission or the workers' compensation insurance company. If the treating doctor says you can do light duty work, the insurance company will continue to try to find you light duty work despite the decision by Social Security.
Second, in most instances workers who are on workers' compensation will have their Social Security Disability benefits reduced because they are also receiving workers' compensation payments. The formula is if a combination of Social Security payments and workers' compensation payments exceed 80% of what Social Security finds to be the worker's pre-disability wages, the Social Security payments will be reduced.
Third, in a settlement current Social Security rules allow the attorney for the injured worker to pro-rate the lump settlement over the worker's life expectancy. By using this formula the attorney can eliminate the offset.
For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.