My Employer And The Insurance Company Have Denied My Claim For Workers’ Compensation Benefits Do I Need Legal Representation To Get My Benefits What Should I Do
It is your decision whether or not to hire an attorney. However, the EAO can assist you and attempt to resolve the dispute. If unable to resolve, the EAO can further assist you in completing and filing a Petition for Benefits. This service is provided at no cost to you. For assistance call: 342-1741 or e-mail. For the location of the nearest EAO, see .
Is Workers Compensation The Same As Unemployment Benefits
Workers compensation is a type of insurance for workers who receive an injury or experience a disability because of the nature of their job. If an employee gets sick or injured at work, the employer offers workers compensation. This compensation will:
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Cover medical bills related to the injury or illness
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Replace a part of the earnings you miss due to injury or disability
Workers comp also provides coverage for retraining costs if an employee is unable to perform their previous responsibilities due to the injury. Injured employees may also include payment for permanent injuries and coverage for beneficiaries of workers who lost their lives on the job.
Remember that this type of insurance only covers work-related illnesses and injuries. Thus, if you sustain an injury or acquire an illness outside your official premises, you cant qualify for workers compensation benefits.
Many times, employees wonder if unemployment benefits are the same as workers compensation. Lets find out.
Difference Between Workers’ Compensation And Unemployment Benefits
Chicago Lawyers Advising Injured Workers Throughout Illinois
Illinois law has devised a system of benefits for employees who suffer a work-related injury. The Chicago workers compensation attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca have an extensive knowledge of the differences between workers compensation and other potential benefits, such as unemployment benefits. We help workers and their families understand their legal options, and we provide guidance throughout the process of filing a claim for workers compensation benefits.
Understand the Difference Between Workers’ Compensation and Unemployment Benefits
Workers compensation benefits are intended to reimburse injured employees for wages that they are missing due to their injuries. Workers who are hurt in the course and scope of employment may recover a range of benefits for total or partial disability as well as benefits for medical care. According to the Illinois Workers Compensation Act, the employer is responsible for paying benefits to workers either directly or through a workers compensation insurer. Essential to a successful claim for workers compensation benefits is often proving the causal relationship between the injury and the workplace.
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Example: Bob The Warehouse Worker
Take the example of Bob, a warehouse worker who is hurt on the job. Bob files a workers compensation claim and his claim is accepted. He treats with an authorized treating physician assigned to him by the workers compensation insurance adjuster for his employers insurance company, and he eventually has back surgery. Bob goes through rehab and finally is released by his treating physician at maximum medical improvement. Bobs doctor assigns him permanent restrictions including no lifting over 30 pounds. He still needs to take muscle relaxers, but otherwise he is released from medical care. His doctor says he doesnt need to come back to him unless his back flares up.
Bobs employer tells him that he cannot come back to work because his job requires frequent heavy lifting. Bob knows that there are other jobs that he could do, so he starts applying for jobs but he cannot find anyone to hire him. When Bob submits his applications, he doesnt say anything about his recent back surgery, but he suspects that employers might know he has been out collecting workers compensation benefits and that they are reluctant to hire him. Of course, no employer actually tells him this because North Carolina is an at will employment state and no one has to give you a reason for not hiring you.
What If I Already Have An Ongoing Claim
Simply fill out the inquiry form on this website, and we will then forward to you a form 110a for your signature. This will allow us to access your New York state workers compensation file so we may review it in detail. We will then contact you within 72 hours of the receipt of the 110a and then knowledgeably discuss your case in detail and provide you an informed opinion. Should you not wish to retain our firm, there is no fee or obligation resulting from our review of your file.
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The Law In Illinois And Missouri
Some states will allow you to collect workers compensation and unemployment insurance at the same time. In these states, the amount of workers compensation you receive is generally reduced by the amount of unemployment insurance youre receiving. The intention of this is to ensure you arent receiving more in benefits than what you earned while working.
Unfortunately, for workers in Missouri, the news is not much better. The Missouri Revise Statutes specifically address this issue and state that its not permitted to receive workers compensation and unemployment insurance at the same time. As such, if youre collecting workers compensation in Missouri, you are automatically barred from receiving unemployment insurance, as well.
Eligibility For Unemployment Compensation Benefits
Youre qualified to receive unemployment benefits if youre unemployed, capable of working, and actively looking for employment. The benefits are designed to support you financially while seeking a new job. Unemployment compensation benefits include cash payments made to qualified people.
The amount of benefits is not the same for every person eligible to receive them. The specific amount is determined by state laws and the workers prior wages.
Use the U.S. Department of Labor Unemployment Benefits Finder to see your states unemployment benefits and eligibility requirements.
Unemployment insurance benefits are considered part of your taxable income. This means youll have to pay federal and state taxes on the total amount of unemployment compensation that you receive.
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Examples When Injured Workers Can Collect Unemployment Benefits
There are some circumstances whereby injured workers can collect unemployment benefits. The best example I can think of is when an injured worker is declared as capable of working but havent obtained a job yet. Usually, once a vocational counselor determines that an injured worker can return to work, then time-loss compensation benefits are immediately terminated. However, finding that an injured worker can return to work doesnt mean they have a job to return too. When this happens, unemployment benefits can be a saving grace. They can provide the injured worker with some income and access to job search resources through WorkSource.
Basic Questions About Workers’ Compensation
How do I file a Workers’ Compensation Claim?
If you are injured on the job, or have an illness caused by your workplace, you must notify your employer. Your employer will notify their WC Insurance Company. The insurer will file a First Report of Injury to start the process.
Who is covered by Workers’ Compensation insurance?
Sole proprietors, partners, certain real estate, agricultural and domestic service employees are not covered. Police, firefighters, and federal employees are covered under different compensation programs. Municipal employees are only covered if the municipality has chosen to be covered. Independent contractors are not covered.
Who can collect Workers’ Compensation benefits?
Covered employees who are injured at work or who become ill from working may be eligible to collect workers’ compensation benefits. If your injury or illness is not work-related, a different program, such as Temporary Disability Insurance or Social Security Disability may provide benefits.
What are the injured worker’s responsibilities?What are workers’ compensation benefits and how are they determined?
Workers’ compensation monetary benefits may begin on the fourth day from the date of injury. You may also be entitled to medical treatment, benefits for disfigurement or loss of use, and/or participation in rehabilitation. Dependents of employees who suffer a work-related fatality may also receive benefits.
Who chooses my medical care provider? May I change doctors?
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If I Am Unable To Return To The Type Of Work I Did Before I Was Injured What Can I Do
If eligible, the law provides, at no cost to you, reemployment services to help you return to work. Services may include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining. To find out more about this program, you may contact the Department of Financial Services, Division of Workers Compensation, Bureau of Employee Assistance and Ombudsman Office at 342-1741 or by e-mail to .
- Reference: Section440.491, Florida Statutes
Unemployment Compensation Vs Workers Comp: Can They Get Along
The question you asked is one we get a lot, because many people who have filed for workers compensation benefits in Pennsylvania have been threatened with losing their jobs.
Heres why the question is a little puzzling: Unemployment compensation isnt just money that is given to people who have lost a job. Its money thats given to people who are actively seeking a new job. You are only considered an active job seeker if youre able to work when it is offered. However, someone collecting workers compensation benefits must be at least partially disabled from a workplace injury or occupational illness. If youre disabled, then it would seem that you would not be able to withstand the demands of a job, and thus you cant claim unemployment benefits.
In fact, there is a potential loophole that usually allows most eligible people to claim both unemployment compensation and workers compensation benefits at the same time. After an injury on the job, you may not be able to go back to your old line of work, but you may also be perfectly able to handle lighter duties. If you can legitimately say that there is some form of work that suits your skills and your physical limitations, that is sufficient grounds to collect unemployment benefits.
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Can I Sue My Employer
No. The workers compensation law is your exclusive remedy, even if your employer is negligent. However, while you cannot sue your employer or a fellow employee, you may bring a legal action against any third party that negligently brought about your injury.
For example, if an employee of the Acme delivery service is making a delivery at the Jones hardware store and slips on water that should not have been present on the floor, he may not sue the Acme delivery service but he may be able to sue the Jones hardware store.
There are many rules and regulations involving whom you can sue, how quickly you must sue them and the manner of bringing that lawsuit. If you have been injured during the course of your employment by a third party other than your employer or a fellow employee you should bring this to the attention of Silverman, Silverman & Seligman, P.C., so that the possibility of a lawsuit might be investigated.
What Do You Do Next
Your mind might be racing from the stress and anxiety of losing your job, but there are things you can do to stay afloat financially.
If youre facing options like whether to sign an agreement for a severance package, or you arent sure how to navigate making a workers compensation claim or file for unemployment, we suggest consulting an attorney who specializes in such matters.
Most employment or workers compensation lawyers understand the law, are familiar with employment and severance agreements and know how to work through the claims process for unemployment or workers compensation benefits. Your lawyer can help guide you through the right decisions and processes in order to receive the highest possible amount of benefits during your transition period.
Need help finding a lawyer? You can use the Enjuris law firm directory to find an attorney in your state who will work with you to secure the best possible outcome.
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What Is Workers Compensation
Workers compensation provides benefits for workers when their injury or illness arises out of or is caused by their work. Workers compensation may also pay medical bills and benefits for temporary or permanent disabilities.
If you are hurt at work, have a medical condition due to your occupation, or an existing work-related medical condition that has become worse, you can file a Disability Insurance claim.
Some examples of when you may receive DI benefits are:
- Your employer or employers workers compensation insurance carrier denies or delays workers compensation benefits.
- Your workers compensation weekly benefit amount is less than your DI weekly benefit amount, you may be eligible to receive the difference.
However, you usually cannot receive both workers compensation and DI benefits at the same time.
If SDI issues benefits while a workers compensation case is pending, a lien will be filed to recover those benefits when the workers compensation case is settled.
Can I Receive Reemployment Assistance And Workers’ Compensation Benefits At The Same Time
No, not if you are receiving temporary total or permanent total disability benefits as you must be medically able and available for work to qualify for unemployment. For additional information on Reemployment Assistance, you may want to utilize the Reemployment Assistance website at: www.floridajobs.org.
- Reference: Section440.15, Florida Statutes
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Unemployment Credits: Is The Insurance Company Following The Rules
Georgias Workers Compensation Act states an employer is entitled to a credit for the unemployment benefits paid to an injured worker if they timely file the correct form with the State Board of Workers Compensation . If the employer files this form properly, the employee will only be entitled to the difference between what they received in unemployment benefits and what they are granted in workers compensation benefits.
Lets look at an example:
Bill receives unemployment benefits of $300 per week while fighting to receive his workers compensation benefits of $400 per week. Bill wins his workers compensation case at the rate of $400 per week. If Bills employer properly filed a WC-243 form, then Bills employer will only owe him $100 per week for the weeks Bill drew unemployment benefits.
To be able to take this credit, however, the injured workers employer must correctly complete and file a WC-243 form with the State Board of Workers Compensation within 10 days before the workers compensation hearing. The employer also has to send a copy of the form to the injured workers attorney, or the injured worker if he/she is unrepresented.
In practice, some employers fail to file the correct form in time with the State Board. Even if filed, they may make errors completing the form, or fail to serve a copy to the employee and/or the employees attorney.
History Of Unemployment Compensation
The first unemployment compensation system was introduced in the United Kingdom with the National Insurance Act of 1911 under the Liberal Party government of H.H. Asquith. The measures were intended to counteract the increasing footprint of the Labour Party among the countrys working-class population.
The National Insurance Act gave the British working classes a contributory system of insurance against illness and unemployment however, it only applied to wage earners. The families of wage earners and those earning non-wage income had to rely on other sources of support. Communistswho thought such insurance would prevent workers from starting a revolutioncriticized the benefit, but employers and Tories saw it as a necessary evil.
The British unemployment compensation scheme was based on actuarial principles, and it was funded by a fixed amount contributed by workers, employers, and taxpayers. After one week of unemployment, the worker was eligible to receive seven shillings per week for up to 15 weeks in a year. However, the benefits were restricted to particular industries that tended to have more volatile employment requirements, such as shipbuilding, and it did not make provision for any dependents. By 1913, about 2.5 million people were insured under the British scheme for unemployment benefits.
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Unemployment Vs Workers Compensation
Unemployment benefits are typically weekly cash payments given to unemployed workers who are actively looking for new positions. Each state sets a limit to the number of weeks a person can draw unemployment benefits.
Workers comp benefits are medical and wage replacement payments given to workers injured in the course of employment. Benefits are paid when injuries prevent the worker from performing some or all of their job duties.
Injured workers who are physically unable to work in any capacity will not be eligible for unemployment payments, even if they were laid off from work.
Injured workers who lost their job, but have been medically released for restricted or light duty work, might be eligible for unemployment while looking for jobs that meet their restrictions. They may also continue to get workers comp to pay any wage difference.
Your disability status after a workplace injury determines if youre eligible to apply for your states unemployment benefits.
Applying For Unemployment While Receiving Workers Comp
Bob goes online to the North Carolina Department of Commerces website and clicks on the page for the N.C. Division of Employment Security.
He creates an account and enters his information. The website quickly tells him how much he would get if he started collecting unemployment benefits. Bob learns that if he were collecting unemployment benefits, he would be getting more money than hes been collecting through workers comp. This is because the unemployment system looks back at his earnings at the job Bob had before he worked at the warehouse. He worked more hours at his last job.
Bob thinks it is unfair that he is getting less money than other people who got laid off. Bob didnt do anything wrong to get hurt, but hes getting less money just because of bad luck. He wishes his boss had just laid him off.
Then Bob realized, he actually was laid off in a way. He is not unemployed through no fault of his own. He is able to work some jobs, just not in the warehouse. His boss could probably even bring him back in some other positions that dont require so much lifting, but they probably just dont want to bring him back because hes a risk to hurt his back again. Bob realizes that he meets the definition of unemployed set out on the North Carolina unemployment website. So he applies for unemployment benefits. He uploads a copy of his drivers license and enters the info on the jobs he has been applying to over the last few weeks.
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