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Law Offices of David M. Benenfeld P.A. Motto
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Is It Possible To Collect Workers’ Comp And Unemployment Benefits At The Same Time?

Following a workplace injury, many injured employees are in great need of compensation, as their newfound injury has made it difficult for them to pay their mortgage. This is why injured workers need to collect as much compensation as possible, so they can pay their medical bills, mortgage or rent, and have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).

Unfortunately, most workers are not eligible to receive unemployment benefits while they are getting temporary disability benefits under workers’ compensation. While we understand the need to collect both workers’ comp benefits in Florida and unemployment compensation, Florida workers’ compensation law doesn’t allow injured workers to collect unemployment compensation while simultaneously collecting temporary disability or permanent total disability benefits.

However, workers who have been injured and then released by their doctors to perform light duty work may also receive unemployment in addition to workers’ comp benefits. Although in this situation both types of compensation can be collected, the disability benefits will be subtracted from the amount due under workers’ compensation. Basically, one’s benefits will be reduced for any period of time that unemployment is also being collected.

If a work injury has left an employee with a permanent injury or disability, that worker will need to file for Social Security Disability since he or she will not be able to work again. This is because the workers’ compensation laws in Florida do not allow for workers to collect for Temporary Total Disability or Permanent Total Disability while collecting unemployment benefits. However, for those workers who need time off of work to rest and recoup an injury, they may be able to collect unemployment and Temporary Partial Disability benefits.

In order to understand these benefits, it is important to define these types of benefits. Workers’ comp benefits are available to injured workers when their employer carries workers’ compensation coverage. Unemployment benefits provide workers with some money once they lose their job. Additionally, unemployment benefits can be collected if an injured worker tries to return to his job but his employer no longer has work available. In order to receive unemployment benefits in this situation, the worker needs to be physically able and available to work.

Because trying to collect both types of benefits can be complex and each of them has their own rules and guidelines, you should speak to an attorney about the type of benefits you are entitled to. Additionally, if your employer is disputing your workers’ comp benefits, you may need to pursue a lawsuit in order to collect the compensation you are due. To speak with a knowledgeable Florida workers’ comp attorney, call the Law Offices of David Benenfeld at 954-807-1334 for a free consultation.

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