Can I Get Unemployment Benefits and Workers Compensation At The Same Time?

Posted by supervisor

The main problem with trying to collect both unemployment and workers comp at the same time is that the two have requirements that are seemingly opposite of one another. Let me explain.

In order to file for unemployment, you need to have been laid off but still able to work. In fact, the requirement in all 50 states is that to continue to collect unemployment, you have to be actively searching for a job.

With workers compensation however, often times the injured worker can’t work because of the injury. Logically then, if they can’t work they then can’t be actively seeking a job which is the requirement for unemployment benefits.

In reality though, sometimes it is possible to collect the two at the same time or one before the other. For instance, many people want to collect unemployment while they wait for the workers comp benefits to come through. Sometimes this is possible and sometimes it is not. Also, a worker may not be able to continue on with one job but can do a different job (which they are actively seeking) and might be able to collect both benefits while they search.

In the end, every situation with every worker is different. Additionally, the rules in each state might be slightly different. This means that you will not be able to get an answer to your specific case on the Internet and you should contact someone (perhaps a workers compensation lawyer) in your state who can analyze your situation.

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