If you return to work on light duty at a salary lower than your previous one, workers’ comp will still make up two-thirds of the difference between your previous and current salaries. There will be no tax deductions from that balancing payment, but your new, lower salary itself will be taxed as usual.

Workers’ Compensation and SSDI Offset

In some cases, employees receiving workers’ comp benefits might also be eligible for Social Security Disability Insurance (SSDI). If you receive both, your workers’ comp payments are still tax-exempt for the most part. The total amount of money you receive monthly from these two sources, however, can’t be more than 80% of your average full-time salary.

If your combined monthly benefits are too high, Social Security can reduce your SSDI payments to keep your total income below that 80% threshold. This reduction is called an offset. Whatever the amount of your SSDI offset, that same amount of your workers’ comp benefits then becomes taxable. For example:

  • Your monthly SSDI payment is reduced by $200 to keep you below the 80% total income threshold.
  • $200 of your monthly workers’ comp benefits then becomes taxable.
  • If you receive workers’ comp benefits in a lump sum payment, Social Security will prorate the amount to determine your monthly workers’ comp income and use that number to calculate your total monthly income.

If, however, your total income (workers’ comp and SSDI) is below the threshold for any Federal taxation, the guidelines above won’t apply to you. If you receive regular Social Security retirement benefits, they won’t be offset as SSDI is.

Workers' Compensation Claim Denials

A claimant who doesn’t receive Social Security and/or Medicare and workers’ comp benefits at the same time might be able to handle a simple workers’ comp claim without a lawyer if:

  • The injuries aren’t serious and medical expenses are low.
  • There’s little or no time off work.
  • The employer’s insurer doesn’t dispute the claim.
  • You are comfortable negotiating with an insurance company.

If, on the other hand, your injuries are serious, your bills high, and your recovery long, your claim could be an expensive one for the insurance company. They might try to deny you benefits by asserting your injury is:

  • Not work-related;
  • Caused by a pre-existing condition; and/or
  • Not as serious as you say it is.

Although you have the right to appeal an insurance company's decision to the South Carolina Workers’ Compensation Commission (SCWCC) and even to the SC Court of Appeals and Supreme Court, the insurer’s lawyers understand the ins and outs of workers’ comp law. They know that: 

  • You are a vulnerable time due to the impact of your injury.
  • You may not have the knowledge of the procedures and laws or negotiation skills that they have. 

For this reason, we recommend hiring a lawyer to handle your workers compensation claim.

Have You Been Injured On The Job In South Carolina?

If you've been hurt at your job you can speak with a workers' compensation lawyer. Please contact us online or call our Charleston, South Carolina office directly at 843.488.2359 to schedule your consultation. We are also able to meet clients at our Florence, ConwayMyrtle Beach, Murrells Inlet, Mt. PleasantNorth Myrtle Beach or North Charleston office locations.

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.