Recent Workers’ Compensation Case on Social Security offsets. Have you suffered a work injury? Injured due to a work accident? We handle Workers’ Compensation and Social Security Cases and we work hard to maximize your recovery under the law and keep updated on recent precedent cases. In a recent Commonwealth court case decided April 10, it was ruled that an employee who suffered a work injury after he became eligible to receive Social Security Benefits is entitled to receive both his full workers compensation payments and Social Security benefits and denied the employer and it’s work comp insurance company any offset.
Rick Easterling suffered a significant injury to his left hand when he slipped and fell on ice at work. His employer Pocono Mountain School District sought a modification of workers’ compensation benefits based on his award of social security old age payments. They tried to cut his payments despite the fact his hand was practically useless.
The court stated that because the claimant had applied for benefits in advance of his eligibility and had been approved for when he turned age 62, 18 days before his work injury that the employer is not entitled to a credit and/or offset. Meaning they couldn’t cut his workers’ compensation.
The court also looked at and referenced the Pittsburgh Board of Education v. Workers’ compensation Appeal Board case in which an injured employee suffered their injury after their entitlement to social security retirement benefits.
The court looked to the notice of award for social security retirement benefits in reaching its conclusion and the date the injured worker was awarded Social Security.
Clearly an injured worker should consult with us, experienced workers’ compensation lawyers/attorneys/law firm to make sure their rights are protected. Employers and workmens compensation insurance companies know the rules and try to get away with paying as little as possible. In order to maximize your recovery and get what you are entitled under the law contact the experienced workers’ compensation and experienced social security lawyers at Dugan & Associates, Lawyers Representing Injured People. Call us at 1-888-99-D-U-G-A-N (1-88-993-8426). We fight For the Check You Deserve!