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QUESTIONS REGARDING WORKERS’ COMPENSATION AND UNEMPLOYMENT

Some workers in most of these companies are not aware of the compensation available to them. Most times, when they sustain an injury, they find it difficult to lay claims to their compensation or don’t even know how to go about it. There are a lot of laws that protects the right of a worker and how to get his compensation where the need arises. Some don’t know when to apply for unemployment benefits. Whether or not you’re entitled to both depends on the circumstances and the facts. However, collecting both can be quite difficult because most laws make it impossible.

Below are some of the most frequently asked questions by workers

Q: I sustained an injury at work and workers’ compensation is not paying me weekly wages. Am I eligible to apply for unemployment?

A: You can apply, provided the doctor has placed you on light duty restrictions and more so your employer can’t accommodate your restrictions or you’ve been terminated. What makes you eligible to apply for unemployment is that you can carry out some activities for an employer. If the doctor’s report has put you off work completely, then you can’t be placed on the unemployment list because of your not employable. They are other eligibility rules and requirements to apply for unemployment.

Q: Do I need to disclose if the injury is work related in course of applying for unemployment?

A: No. You don’t have to. When workers get injured, they are always afraid that they may not get unemployment compensation when they are not working as a result of their work-related injury. Unemployment does not like paying benefits that should be paid by workers compensation. This can be resolved in a letter stating that the benefits have not being paid. If you state that the injury is not work related, then it would hinder the chances of getting workers compensation.

Q: I received both workers’ compensation and unemployment benefits. Am I entitled to both?

A: No. An injured employee is not allowed to get workers’ compensation benefits and unemployment benefits at the same time. If you get both unemployment and workers’ compensation wages, please kindly pay unemployment benefits back. It’s better to refund the unemployment pay because it’s lower than workers’ compensation.

Q: If am getting unemployment benefits, can I try to get workers’ compensation benefits?

A: Yes. Workers’ compensation is paid weekly wages, medical benefits, and work injury. Workers’ compensation pays higher and you don’t need to pay tax and won’t include it in your yearly taxes. This makes workers’ compensation more attractive.

These programs are mandated by the federal government for states to implement. States have the powers to make the rules that would guide the implementation of both programs.


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