If you are collecting Social Security disability benefits at the same time as workers’ compensation, an offset may occur. This means you will still receive your full workers’ comp check, but your disability payment may be reduced because you are receiving workers’ compensation income. It’s also important to be sure that Medicare is not paying for any medical treatment related to your work injury. While your case is active, the workers’ compensation insurance company—not Medicare—must cover all treatment connected to your workplace injury.

When settling your case, you are legally required by federal law to consider Medicare’s interest. If you are already on Medicare or eligible for it, you must show that part of your settlement is set aside to cover your future work-related medical expenses. This is done through a Medicare Set-Aside (MSA) arrangement, which ensures Medicare does not improperly pay for treatment tied to your injury. Vendors and specialists can help calculate these future medical needs and structure an MSA correctly. For help navigating these issues, our workers compensation lawyers in Rhode Island can guide you through the requirements. You can also review our RI workers’ comp benefits to understand how disability and workers’ comp interact in Rhode Island. Additional topics like SSI and workers’ comp or government benefits impact may also help clarify your situation.

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