Q: Hi, I am currently on Workmans Comp. and was going to see about disability. Could workmans comp stop paying me if I did?

A: You can get both workers' comp and Social Security Disability, but often it is better to wait until you settle your workers' comp claim. Workers comp will not stop paying you weekly benefits if you qualify for Social Security Disability, however, Social Security Disability payments are offset - meaning reduced - by workers' comp payments. If you qualify for Social Security Disability you will be eligible for Medicare, but there is a waiting period. Medicare is what is called a secondary payer which means Medicare will not pay for anything that workers' comp should be paying for. If your non workers' comp covered treatment is not related to your injury, Medicare would cover it (assuming it is something Medicare covers), but if it is work injury related and workers' comp should be paying for it, Medicare will not pay. Prescription drug coverage is optional under Medicare and you have to pay insurance premiums for it. If you are on Social Security and receiving Medicare or Medicare eligible at the time you settle your workers' comp claim, there are complicated considerations and arrangements necessary in the settlement to maximize your Social Security Disability benefits and not jeopardize your Medicare coverage. If you do not yet have representation on your workers' comp claim, you should consider retaining a lawyer as soon as possible. Your situation is too serious and complicated to continue to be successfully handled without legal representation. Most of us on this web site who are experienced workers comp attorneys offer free consultations and I urge you to take advantage of that if you are not already represented.