Monday Workers’ Compensation Q&A: Am I eligible for workers’ comp and unemployment?

You may be eligible for both workers' comp and unemployment.

QUESTION: I AM OUT OF WORK ON A WORKERS’ COMPENSATION INJURY. AM I ALLOWED TO FILE FOR UNEMPLOYMENT BENEFITS?

ANSWER: YOU MAY FILE FOR UNEMPLOYMENT BENEFITS, AS YOU ARE ELIGIBLE FOR BOTH BENEFITS.

Joe was recovering from that bad fall off the scaffolding. He was receiving Workers’ Compensation Benefits. But facing months ahead out of work and on his back he didn’t know if he could survive on workers’ compensation benefits alone. He was curious if he could also file for Unemployment Benefits. He called Mike, his best friend on the job and asked what he should do. What did his friend Mike say?

File, Joe!! File!!

Under the Workers’ Compensation Law, an injured worker is eligible to receive both Unemployment Benefits and Workers’ Compensation benefits so long as the amount of the two does not exceed his or hers average weekly wage and the injured worker’s doctor concludes that the disability is PARTIAL. A partial disability shows that Joe is ready and willing to work. If Joe’s weekly’s wage is $850, then his weekly Workers’ Comp and his Unemployment combined has to be $850 or less.

Under the Workers’ Compensation Law, an injured worker is eligible to receive both Unemployment Benefits and Workers’ Compensation benefits so long as the amount of the two does not exceed his or hers average weekly wage and the injured worker’s doctor concludes that the disability is PARTIAL.

In Joe’s case, Joe’s doctor stated that Joe had a partial disability and would need three months to fully recuperate. At that point Joe’s filed for Unemployment benefits.

Another thing Joe did after he filed for Unemployment Benefits and Workers Compensation was keep all of the pay stubs from his unemployment insurance. These would be needed as evidence in his Workers Compensation claim. At a hearing Joe will need to verify that he was not receiving more then his average weekly wage from the two forms of benefits.

Remember to always inquire about what benefits are out there when injured.

Prior results do not guarantee outcomes.
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