Unemployment Benefits And Workers’ Comp Benefits In PA
Work-related injuries can leave people unable to do their jobs. Workplace injuries can also lead to time away from work and financial worry. While out of work because of a work injury, questions tend to come up about applying for unemployment benefits.
For those seeking unemployment benefits, while recovering from a work-related injury in PA, this blog speaks to you. Let’s take a look into the interplay with workers’ compensation and unemployment benefits.
Can I Collect Unemployment Benefits After A Work Injury?
In PA, people collecting workers’ comp generally should not receive unemployment benefits at the same time. The reason stems from the contrasting nature of these benefits and the credit against workers’ comp. Workers’ comp serves those unable to work because of a work injury, causing either a full or partial disability. Unemployment serves those able and available to work, but unemployed for reasons outside the worker’s control.
@thwesq Can I get #unemployment #benefits after a #workinjury #workinjurylawyer #workerscomp #workmanscomp #workerscompensation #pennsylvania #pa #law #lawyer #legal #legaltiktok ♬ Nights In Bloom – Cubicolor
Factors For Eligibility
Ability To Work
To qualify for unemployment, people must have the ability to do and the availability for suitable employment. This often goes against the restrictions of their work-related injury.
Guidelines For Reporting
When applying for unemployment you must report an ability to work. A workplace injury might limit this capacity, which could cause you not to qualify.
Does Workers’ Comp Get A Credit For Unemployment?
Yes, your employer will receive a dollar for dollar credit for any unemployment benefits for the same time period. Keep in mind, you pay taxes on unemployment, but not on the workers’ comp. Because of the possible credit and tax issues, always talk to a lawyer to maximize your take home pay.
What About Exceptions?
In a workers’ compensation claim with denied wage loss, the injured worker may wish to apply for unemployment. A lawyer will often advise they apply in this instance. Other situations include a job separation, a full recovery, or a lack of work.
Recovered And Able To Work
If someone has made a full recovery from their work related injury, they might qualify for unemployment. This may apply even if the worker received workers’ compensation. But, they must have the ability and availability for suitable employment.
Job Separation
A person may qualify for unemployment benefits after they leave a job. For example, a layoff or a termination could entitle a person to unemployment. However, a resignation could prevent a success in a claim for benefits.
Can I Get Unemployment After Workers’ Comp?
In some cases, an injured worker will fully recover from their job injuries. At this point, the workers’ comp benefits may have stopped and the person now has the ability to return to work. However, this person has not found a new job yet. In this instance, they may qualify for unemployment benefits.
Workers’ Comp Dispute
Another scenario may occur when a dispute comes up. Many times, a dispute regarding the injured worker’s eligibility for workers’ compensation insurance arises. An injured worker might qualify for unemployment compensation benefits during this time.
Key Differences In The Two Programs
Qualifying Rules
Workers’ comp requires an injury from a work-related event to qualify for benefits. Unemployment requires an ability and availability to work to qualify.
Nature Of The Benefits
Workers’ comp provides financial and medical help to people injured on the job. It covers lost wages and medical care. Unemployment benefits provide temporary financial support to out-of-work people, actively seeking a job.
Taxes
A worker will pay taxes on unemployment benefits. Workers’ comp gets an exemption from taxation.
Things To Think About
Applying for unemployment after a work injury requires careful thought. Think about the criteria to qualify and any conflicts. If you apply, follow the requirements and honestly report the status of the work injury.
Seeking Advice
Talking with a workers’ comp lawyer can give you a clear picture of your individual needs and eligibility. Always make sure to check with your lawyer before filing for unemployment.
Wrap Up
Applying for unemployment benefits, while out of work due to a work injury, can cause issues. Workers’ compensation and unemployment benefits have differing criteria.
While people typically should not receive both benefits at the same time, some exceptions do exist. Factors such as recovery from the injury, job separation, and comp benefits ending can affect this decision. Understanding these rules can help people get the support they need and maximize take home pay.
Injured at work? Call our offices 24/7 at (215) 609-4183 for a free consultation.
