Under many circumstances an individual is eligible for receipt of either Unemployment or Social Security Disability Benefits while receiving Workers Compensation benefits. Certain rules apply if this situation occurs.
If an individual is receiving Unemployment benefits while simultaneously receiving Temporary Partial Disability benefits, the Workers Compensation carrier is entitled to a direct offset for the amount of benefits received.
If an individual has demonstrated entitlement to Social Security Disability Benefits, then the Workers Compensation carrier has entitlement to take an offset for the receipt of those benefits. Specifically, an individual is not entitled, in combination of Workers Compensation and Social Security Disability Benefits, to receive more than 80% of the higher of either their average weekly wage for Workers Compensation purposes or their average current earnings for Social Security Disability Benefits purposes. If you believe your injury will prevent you from engaging in employment for a period of 12 consecutive months, you should give strong consideration to speaking with me to inquire regarding the possibility of a claim for Social Security Disability Benefits. One strong benefits of Social Security Disability Benefits, as referenced in other portions of this website, is that it can not only provide a source of monthly income, but will eventually establish entitlement to Medicare coverage. The receipt of unemployment compensation must be reported on an employee earnings report, form DWC-19.