Yes, you can file for unemployment benefits while receiving workers’ compensation. If you were already receiving workers’ compensation benefits and were then laid off, those benefits remain in place. Your medical coverage and income benefits do not end because you lost your job. Your former employer and its insurance provider remain legally obligated to cover these expenses while you recover. The remaining question is whether filing for both programs at the same time is legal, possible, and beneficial.
At Munley Law, our workers’ compensation lawyers have extensive experience fighting for the rights of injured workers across Pennsylvania. For nearly 70 years, we have fought and advocated for injured workers, helping them navigate the complex workers’ compensation system after a work-related injury. If you are facing issues with claiming workers’ comp benefits after an injury, don’t hesitate to reach out for a free, no-obligation consultation to learn more about how we can help you.
Contact a Workers’ Compensation Attorney at Munley Law
Call Us At 844-686-5397 The Difference Between Workers’ Comp and Unemployment Benefits
It’s important to understand the differences between the two programs. While workers’ comp provides compensation if you have suffered a workplace injury, unemployment can provide temporary income while you are between jobs. According to the Pennsylvania Unemployment Compensation program, you may be eligible for unemployment benefits if you have lost your job through no fault of your own and/or if you are working less than full-time hours. Many people file for unemployment after having been laid off.
Workers’ comp also has a wider range of areas it covers. Workers’ comp covers medical costs associated with an injury as well as lost wages (up to $1,394 per week in Pennsylvania). Unemployment, on the other hand, is solely for lost income.
Filing for Unemployment Benefits
There are a few steps to receiving your unemployment benefits. Firstly, you will file an unemployment claim. Shortly thereafter, you should receive a claim confirmation letter. At that point, you will begin the process of filing weekly certifications for each week that you are unemployed. In Pennsylvania, the unemployment program provides about half of a worker’s weekly income, up to $605. There are also a handful of programs that offer additional benefits if you meet certain qualifications.
Filing for Workers’ Compensation Benefits
The process of filing for workers’ comp and how the benefits are doled out is slightly different. If you’re hurt at work, you must notify your employer within 120 days of the injury, although you should not wait that long. If you report within 21 days, you should receive benefits from the date of the injury. If you report between 21 and 120 days, you will receive benefits starting from the date of the report. Your employer must then report the incident to its insurance company, which will then accept or deny that your injury meets its criteria. If you are denied, you have three years from the day of the injury to file a claim. Once you report, insurance carriers will likely contact you for details. You mustn’t sign anything they show you without having it reviewed by a workers’ comp attorney.
For a successful claim, the duration of benefits depends on whether the worker is classified as Total Disability or Partial Disability. For those who fall into the category of Total Disability, benefits may be paid for 104 weeks, at which point the employer has the right to require a medical examination, called an Impairment Rating Evaluation, under 77 P.S. § 511.2.to determine the worker’s status. For those who fall under the category of Partial Disability, the benefit status can be maintained for up to 500 weeks.
However long an injured worker receives these benefits, the complexities of navigating both of these systems can feel overwhelming. That’s why having a workers’ comp attorney review all of your materials and help you navigate the workers’ comp process is a great idea. And especially if the injured party is unable to return to work in a timely manner, or to return to work at their previous capacity, it’s only natural to wonder if workers’ compensation and unemployment benefits could work in tandem to ease some financial and personal burden.
Scenarios Where You Can Collect Both Unemployment and Workers’ Compensation
In Pennsylvania, it is possible to file for unemployment while receiving workers’ compensation. However, both programs are state-funded, which means that whatever benefits you collect through one program are offset by the other. This means you cannot receive double benefits by collecting from both programs simultaneously. If you are receiving unemployment benefits at the time that your workers’ compensation benefits kick into action, your workers’ comp benefits will be reduced in accordance with the unemployment benefits you received. You will not have to pay anything back out of your own pocket; rather, your unemployment benefits will be docked based on how much you’re receiving through workers’ compensation.
That said, there are cases where it may be helpful or possible to use both programs. For instance, you may be able to receive unemployment benefits if you are in a situation where you are legally fighting for your workers’ comp benefits and awaiting the results of that process.
Collecting Unemployment While Fighting For Your Workers’ Comp Benefits
Imagine a case in which you suffered an injury while performing duties in the scope of your work, but were still able to continue working in some capacity. You would likely speak to your employer and let them know that while you are able to work, your duties may have to be changed while you are physically recovering from your injury. If your employer refuses to comply, either by telling you not to return until you can work at your previous capacity or by assigning you to work that does not comply with your restrictions, you may have a case you can take to court. In this situation, you may be able to receive unemployment while fighting for your workers’ comp benefits in court. That can be a helpful option for getting by financially as you process your claim.
It’s also worth noting that in a case like this, if your initial workers’ comp claim is denied but eventually approved, you can receive retroactive payment. So if you’re stuck in court for a year fighting your case, and then win, you can receive workers’ comp payment for the year prior.
Additionally, remember that unemployment benefits are only available to those who are willing and able to work. That means that should you experience a workplace injury and are deemed totally unable to work in any field by a medical professional, collecting unemployment may not be an option. However, if you are totally disabled from your previous work but able to take on a different kind of work that your employer cannot provide, you may be able to file for unemployment.
The Workers’ Comp Lawyers at Munley Law Are Here To Help
There’s no doubt that the workers’ comp system is a complicated one, and navigating it without an attorney can feel scary and confusing, especially if you’re being met with resistance from an employer or insurance carrier. But there is a way through, and Munley Law is always here to help you find it. Our goal is to help victims of corporate wrongdoing or negligence achieve the justice they are owed, even when that means going up against formidable entities.
At Munley Law, each of our lawyers has over a decade of experience and hands-on trial and courtroom experience. We do not get paid unless we win your case, and we will be by your side as you fight to make things right. If you are in the process of seeking workers’ compensation, or if you have questions about your rights to these benefits, please don’t hesitate to reach out to Munley Law Personal Injury Attorneys. Contact us today to schedule your free initial consultation and learn how we can help protect your interests.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
