(757) 455-8889

Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

I am on, or have applied for Social Security Disability. Won’t getting a sum of money in a Workers’ compensation Settlement take away my Social Security?

No, but it will likely reduce it by some amount. In the compromise settlement agreement, we will create an “offset” paragraph which will set forth the amount by which your Social Security check will be reduced due to the settlement.

The paragraph will basically state what sum of money you are to receive in settlement, AFTER attorneys’ fees and AFTER expenses, and/or any set-aside arrangements for Medicare. Then, we look at your age and life expectancy, as set forth by the North Carolina Statutes, and figure out how many weeks that is. For instance, if you have a life expectancy of 20 years, that is 1,040 weeks. If your lump sum settlement, after attorneys’ fees and expenses, etc. is $100,000, we divide that amount by those weeks. Therefore, we determine that your social security check would be reduced by $96.15 per week.

Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.