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Lombardi Law Firm

How Worker's Compensation and Unemployment Benefits Interact


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6/21/2017
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Construction WorkerWhen a client with a workers' compensation claim is terminated or quits (with good cause attributable to the employer), and would otherwise be eligible for unemployment benefits, the worker's compensation claim may mean that she or he will not be able to obtain the unemployment benefits even though unemployed.  If you are receiving worker's compensation benefits for healing period/temporary total disability, this means you are not able to work under the worker's compensation laws and are "off work" due to the work injury.  

What Are The Requirements To Receive Unemployment Benefits?

When this is the case, you cannot be "able, available, and willing to work" as required under unemployment benefit laws to be able to receive unemployment insurance benefits.  You must be released to work by your worker's compensation authorized doctor to be deemed "able" to work.  If,  however, you are receiving benefits for permanent partial disability, that is an impairment to your injured body part, you may then be able to receive unemployment benefits IF you are also ready, willing, and able to work and not taken off of work by your worker's compensation authorized physician.  There are many factors that go into each situation and no case is the same, so it is best to talk to a lawyer who understands both worker's compensation and unemployment benefit laws and how they interact with each other.

Do you find yourself needing to prove your workers' compensation claim? Contact us online or call us directly at 515.222.1110.



Category: Workers' Compensation & Employee Rights


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