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Is It Possible to Receive Unemployment If You Are on Workers’ Comp?

  • Published: September 13, 2021
Is It Possible to Receive Unemployment If You Are on Workers’ Comp?

When you experience a work-related injury, it is natural to wonder whether you can receive unemployment if you receive workers’ compensation as well. After a work injury, you should seek medical attention and notify your employer of your injury. The next step is to file a workers’ compensation claim to recover expenses, wages, and other injury-related costs. Your injury may be short-term, or it could persist for longer than a year. In addition to workers’ compensation benefits, you might be eligible to receive other types of benefits.

An employee injured on the job can face several unexpected expenses and consequences. Your injury could require complex medical treatment or surgery. You may need time off work to recuperate. Your injury may leave you temporarily or permanently disabled, which would require special care and medical devices. Your disability may prevent you from returning to work or require retraining for a different job.

The future of you and your family’s quality of life will depend on the amount of workers’ compensation benefits you receive. Consult an experienced California workers’ comp lawyer to advise you on how you can receive benefits.

The Difference Between Workers’ Compensation and Unemployment Benefits

Workers’ compensation benefits reimburse injured employees for wages that they are missing due to their injuries. Workers that are injured in the normal scope of employment may recover a range of benefits for total or partial disability and medical treatment. The employer is responsible for paying workers’ comp benefits to workers either directly or through an insurance company. A successful claim for workers’ compensation benefits often hinges on proving the relationship between your injury and your place of work.

Unemployment benefits support individuals while they look for work. Many injured workers might not be capable of returning to their previous employment; however, they may find work in a job that is less physically demanding.

Where Does California Law Stand on Receiving Multiple Benefit Payments?

Under California law, you cannot receive benefits for workers’ comp while you are receiving benefits for unemployment at the same time. In effect, this would be double-dipping. However, there are some exceptions.

One exception to the general rule applies to employees who have had their workers’ compensation claim denied for benefits. You may be eligible to receive unemployment while you appeal the workers’ compensation claim denial. If your workers’ comp claim is ultimately accepted, the state will require reimbursement of unemployment payments received.

Another exception to the general rule applies to employees who cannot return to their job because the employer cannot accommodate their disability. Once you have reached a point in your recovery when you can be released from medical care, your doctor will advise whether you have any lasting limitations from your injury. You may be able to return to work, but you may not perform the same job you did before. The insurance company might agree to pay to retrain you for a less physically demanding job, or they may decide to provide a workers’ comp settlement for permanent partial disability. If you cannot return to your previous position due to your injury and are forced to resign, you may also be entitled to unemployment benefits.

Workers’ compensation laws and the rules for unemployment benefits are complex and not easily understood by the average citizen. If you are unsure whether you should apply for both types of benefits, consult a lawyer. An experienced California workers’ compensation lawyer can explain how California laws apply to your case.

Should You File for Workers’ Compensation and Unemployment?

Filing for both types of benefits could hurt your chances of receiving either one. The claim for workers’ compensation rests on the fact that the employee cannot work due to a job-related injury. Unemployment benefits are available to those who are able to work but cannot locate a job.

If an injured worker is applying for workers’ compensation, they are claiming that they are physically unable to work. However, a claim for unemployment states that the person is physically prepared and willing to work. You cannot be both unable and able to work. You could open yourself up to severe penalties for false claims, thus making you not eligible to receive either type of benefit. You should consider talking to a lawyer.

Contact a California Workers’ Compensation Lawyer at KCNS Law Group Today

KCNS Law Group specializes in representing clients in workers’ compensation and personal injury matters. Our legal team has over forty years of combined expertise to protect your rights and advance your claim to recover your losses. One of our attorneys even received the 2021 Best of the Best Top 10 Workers’ Compensation Attorney Award.

KCNS Law Group has extensive knowledge of the differences between workers’ compensation and other benefits available to injured workers in California. We help guide our clients through the workers’ comp claim filing process. In addition, we explain all other available legal options for the recovery of losses.

If you have experienced a work-related injury in Southern California, seek proper medical care and notify your employer. If you experience a problem with your workers’ compensation claim, contact the experienced attorneys at KCNS Law Group by calling (877) 513-9007 or going online for a free consultation.

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