The key to determine whether or not unemployment benefits may be payable in a Workers’ Compensation situation is whether or not you are receiving total disability or partial disability benefits.
If you are receiving total disability benefits from Workers’ Compensation, you are not eligible for unemployment because you are not able to do any work. In order to get unemployment you must be ready, willing, and able to perform gainful work.
However, if you are partially disabled you are able to do some type of work albeit in a limited or restricted capacity. As such, you may apply and receive unemployment benefits to make up the difference between your partial disability benefits from Workers’ Compensation and the maximum amount of unemployment benefits allowable under the Unemployment Law.
If you are getting partial disability and have not applied for unemployment, we strongly recommend that you do. Be sure to notify unemployment that you are receiving partial disability benefits from Workers’ Compensation so that an overpayment is not created.
If you have questions regarding your Workers’ Compensation case, feel free to contact our office.