ABA Family Legal Guide

Law and the Workplace

On the Job

Social Security Disability Insurance

How does Social Security Disability Insurance differ from workers' comp?

The Social Security Disability Insurance system differs from workers' compensation in that the cause of the injury is irrelevant for purposes of Social Security. To get money under workers' comp, the employee's injury must arise out of employment. But under Social Security, the main issue is whether the injury prevents the employee from being able to work, regardless of the cause of the injury. So, if you're injured in an automobile accident on the commute to work, you probably won't be able to get workers' comp, but you may be eligible for Social Security benefits if your injuries prevent you from earning a living.