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Brent Adams & Associates

Q
How do these injury claims work together? Can I get North Carolina workers' comp and Social Security benefits at the same time, or do they offset each other?

A

That's a complicated question with a lot of answers. Here are some of them:

Social Security and North Carolina workers' compensation may offset each other. If you get both, the total amount you receive may be less than the two together. Your workers' comp lawyer in Raleigh can put important language in a workers' compensation settlement agreement to increase your total benefits. If you make a successful workers' compensation claim for asbestos disease and recover against the manufacturer of asbestos products, some or all of the amount you get from workers' compensation may have to be paid back to the workers' compensation insurer out of your recovery against the manufacturer. (Your lawyer may be able to get a State Court judge to limit or eliminate the pay back requirement.)

Some union pension benefits are reduced if you also get Social Security or workers' compensation, but there is not usually any reduction if you receive money from a claim against an asbestos manufacturer. Whether, and how much, any of these reductions will happen depends on the language in the union contract. Now for some good news: Social Security does not affect, and is not affected by, any recovery against the manufacturer of asbestos products. If these two are the only claim you make, you get to keep all the benefits from both.