Unemployment vs. Workers’ Compensation: How They Interact
Navigating the complexities of unemployment and workers’ compensation can be confusing for individuals who have been injured on the job.
When you find yourself in a situation where you have received workers’ comp benefits and later face unemployment, understanding how these two systems interact is crucial.
Whether you are seeking unemployment benefits or are involved in a workers’ compensation claim, it is essential to have the guidance of an Indianapolis workers compensation attorney, who can provide accurate advice and support throughout the process.
Am I entitled to workers’ compensation or unemployment benefits?
If you’ve received workers compensation for an at work injury and are later let go from your job, you may choose to apply for unemployment in Indiana. You must stop receiving workers compensation disability pay, and otherwise qualify for unemployment in order to file and receive unemployment compensation.
Can You collect unemployment while you are receiving workers compensation benefits?
It’s important to note that you are not permitted to receive unemployment benefits while you receive workers compensation disability pay. Doing so would result in overpayment issues with either the unemployment office or the workers compensation insurance carrier.
What’s the difference between workmans comp benefits and unemployment benefits?
Workers’ compensation benefits and unemployment benefits in Indiana serve different purposes and are governed by separate laws. Here are the key differences:
Workers’ compensation is designed to provide financial support and medical coverage to employees who suffer work-related injuries or illnesses. It aims to compensate for lost wages, medical expenses, rehabilitation costs, and disability.
Unemployment benefits, on the other hand, are intended to provide temporary financial assistance to individuals who have become unemployed through no fault of their own. It helps eligible individuals meet their basic needs while they actively seek new employment.
To be eligible for workers’ compensation benefits, the individual must have sustained a work-related injury or illness and meet specific criteria outlined by the workers’ compensation laws. This includes being an employee covered by workers’ compensation insurance and reporting the injury within a certain timeframe.
To qualify for unemployment benefits, individuals must meet certain criteria, such as being unemployed through no fault of their own, actively seeking employment, being able and available to work, and meeting specific earnings and employment history requirements.
Workers’ comp benefits are typically provided for the duration of the worker’s disability or until they reach maximum medical improvement. Unemployment benefits are available for a limited period, usually up to a certain number of weeks or until the individual secures new employment.
The amount of workers’ compensation benefits is based on factors such as the severity of the injury, the individual’s average weekly wage, and the type of disability. The amount of unemployment benefits is based on the individual’s prior earnings, subject to certain caps and limitations.
It is important to note that receiving workers’ compensation benefits may affect an individual’s eligibility for unemployment benefits, as they typically cannot receive both simultaneously. It is advisable to consult with a workmans comp attorney in Indianapolis to understand the specific rules and regulations in Indiana regarding these benefits.
What are the risks of getting unemployment while on workers comp?
If you do try to file for unemployment while you are receiving workers compensation benefits, you run the risk of reducing your credibility with a workers compensation judge. If your case goes before a workers comp board, and you’ve tried to file for unemployment, the judge may be less sympathetic to your case.
Injured workers should focus on recovery and consult with an attorney
If you’ve been injured at work and are seeking compensation through a workers compensation claim, consult with a skilled workers compensation lawyer at Klezmer Maudlin.
If you have questions regarding whether you qualify for unemployment benefits, we can help you with a free consultation. We care about fighting for the rights of injured persons and workers throughout the state of Indiana. Contact us today at 317-597-6293 for a free case evaluation and to find out if we are the right law firm for you.