In the video above, Atlanta | Savannah work injury lawyer Ty Wilson discusses unemployment and workers’ compensation benefits and how they interact. The question we answer in this article and video is whether a person can collect unemployment and workers’ compensation benefits at the same time? The short answer is yes. However, there are requirements for both.
Workers’ Comp Benefits
Workers’ comp benefits are only available if you have been injured at work and you’re either 1) unable to work completely and taken out of work completely by an authorized treating physician or 2) you’re on light/limited/modified duty restrictions. If you’re on light duty restrictions, and your employer has terminated you, you can apply for unemployment. However if you’re already getting workers’ compensation benefits, it will not benefit you. You will not get both unemployment and workers’ compensation and receive more money than if you were just getting workers’ compensation. Workers’ compensation will get credit for any other benefits/income you’re receiving. So, if you’re getting unemployment and then you get workers’ compensation, workers’ compensation will get a credit for all unemployment benefits you receive. Therefore, you’re not able to really collect on both at the same time and have any additional benefits.
If you can get your workers’ compensation income benefits started, there really is no need to apply for unemployment. If you cannot get your workers’ compensation income benefits started and you are on light duty, so you’re ready, willing and able to do some form of employment, then you can apply for unemployment benefits if you’re being denied wrongfully your workers’ comp benefits until you’re able to obtain your workers’ compensation benefits. As you can see, getting both unemployment and workers’ compensation benefits at the same time can be a tangled, confusing mess and, when you are already injured and out of work, this can be frustrating.
So, we always recommend that you speak to a Georgia workers’ compensation attorney and ask them about receiving both unemployment and workers’ compensation benefits. The answer will greatly depend on your given situation and the details of your injury and state of your case.
You can reach out to our office by contacting us here where you can provide confidential information about your case. We can provide a case review to see if there is a benefit to having Ty on your case to help you.
