Mixing Workers’ Compensation and unemployment benefits is tricky territory. Some states prohibit you from collect both benefits at the same time. Some allow it under certain circumstances, but only if the total of both payments does not exceed your average weekly wage. If you are in a position that you feel the need to seek both, you should definitely talk to a Workers’ Compensation attorney in our state to protect yourself from being charged with fraud. If you are paid more than you are allowed, and accept the payments, you can be held responsible rather than the agencies that issued payment.
Unemployment Benefits While Your Workers’ Compensation Case is Pending
If your Workers’ Compensation claim has been denied or is being disputed, or if payments have been terminated before you can return to work, you may be able to collect unemployment benefits to fill the gap while you are not receiving Workers’ Compensation payments in states that do not allow you to collect both at the same time.
Collecting Partial Workers’ Compensation and Unemployment
In some states, you can collect both benefits at the same time, under the right circumstances. For instance, if you are receiving partial disability payments but are qualified as able to work by the unemployment office in your state, you may be allowed to collect both at the same time. States that allow both still have strict rules on how much you can collect.
If you are considering filing for unemployment benefits along with your Workers’ Compensation claim, please play it safe and talk to an experienced Workers’ compensation attorney first. Your attorney may be able to maximize your Workers’ Compensation benefits so that you do not need to seek unemployment benefits and can advise of you of whether you can legally pursue both in your state and how to do it properly, so you don’t get yourself in legal hot water.
