Legislation Authorizing States To Reduce Workers' Compensation Benefits Should Be Revoked
Highlights
The combined benefits available to workers under the Social Security Disability Insurance program and State workers' compensation programs can amount to more than some workers were earning before becoming disabled. In 1965, Congress added the workers' offset provision to the Social Security Act in order to limit the combined payments to 80 percent of a disabled worker's wages at the time of injury and to provide disabled workers with a financial incentive to return to work. Either the Social Security Administration (SSA) or a State can offset its benefits under the provision, but not both. If a State offsets its workers' compensation benefits, SSA cannot offset its disability insurance benefits. Eleven States have exercised this option and are offsetting benefits.