Injured workers in Daytona/Ormond Beach can have a workers' compensation case and still apply for unemployment benefits if eligible

I am often asked by injured workers whether they can apply for unemployment while under workers' compensation. As with most things, it depends on the circumstances of each individual case. The short answer would be "yes". There is no prohibition in Florida's Workers' Compensation laws to prevent an injured workers from claiming unemployment. However, whether or not an individual can claim unemployment depends on several factors. First, and most obvious, the individual must be "unemployed". In other words, the employer has either terminated the worker or has not offered work within the injured workers restrictions. Also, the basis for termination will likely play a role in whether an individual will receive unemployment benefits.

if an injured worker is receiving Temporary Total Disability (TTD), then that worker cannot make a claim for unemployment, even if they were terminated by an employer. Why? In order to claim unemployment, an individual must be "ready, willing and able" to work. If an injured worker is receiving TTD benefits, that means that a doctor has the worker on a "no work" status. As such, that worker is not "able" to work and therefore cannot not claim unemployment. It is also important to note, if an injured worker is receiving unemployment benefits and then a workers' compensation doctor places the worker on a "no work" status, that worker must inform unemployment so that the benefits can be suspended. DO NOT draw unemployment and TTD at the same time, to do so could be perceived as fraudulent activity.

If an injured worker is drawing Temporary Partial Disability (TPD), then that worker could also make a claim for unemployment if they were terminated or the employer was not offering work within the physical limitations of the workers' compensation doctor. However, if a worker is drawing both TPD and unemployment, workers' compensation will take a dollar for dollar offset for unemployment benefits received. For example, if an injured workers' TPD rate is $300 per week and the worker receives $200 per week in unemployment, then the worker would only receive $100 from workers' compensation.

Of course, whether an individual is entitled to unemployment depends on the circumstances surrounding the claim. However, workers' compensation cases do not prevent someone from also filing for unemployment unless that worker is on a "no work" status under the comp claim.

If you or someone you know has questions regarding a workers' compensation claim, please feel free to contact Johnson & Gilbert, P.A. for a free consultation at 1-800-556-8890.

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