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Atlanta Workers’ Compensation Attorney – Can I receive both workers compensaton and unemployment benefits in a Georgia Workers Compensation claim?

From time to time I have some questions regarding potential clients who have been terminated from employment and file for and receive unemployment benefits. Sometimes they were injured on the job and contact my office seeking workers compensation benefits or to find out what their rights are under the laws of Georgia.

One of their primary questions often is…Can I receive both workers compensation income benefits and unemployment benefits? The simple answer is it depends. Often times if you are entitled to income benefits from workers compensation you are either completely taken out of work by a doctor, and if that is the case, you clearly can not qualify for unemployment, because in order to qualify for unemployment you have to be ready willing and able to qualify for employment. As such, in that example you can not qualify for both. But there are examples of situations where you may qualify for both, an example would be if a doctor has released you to work light duty, your employer has terminated your employment. In this example you are able to work in a light duty capacity and therefore may qualify for unemployment, and it is possible that workers compensation may deny you or be disputing your rights to workers compensation benefits. If this is the case you could get unemployment and if you qualify and are later determined to be entitled to workers compensation benefits, workers compensation insurance carrier would get a credit towards any monies you receive from unemployment, so while you by get both, there is a credit provision, that would likely not allow you to receive both at the same time.

Be informed. Be aware. Be prepared.

Ty Wilson is a Georgia workers compensation attorney, with offices in Savannah and Atlanta, who provides free information to the injured and the families of the injured. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.

If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711 in Savannah or 770-948-5454 in Atlanta.

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