If you are receiving unemployment benefits from being terminated from your employer before you have received any workers’ compensation benefits, you want to know how will this affect you and will you benefit or not benefit from receiving both unemployment and workers’ compensation.
First thing to know is you can receive both, however one benefit or the other will be offset so that you are not making more than the maximum for workers’ compensation. Typically speaking the benefits are higher in workers’ compensation than they are in unemployment. However as experience has shown us you sometimes have to fight for workers’ compensation benefits and it can sometimes take more time to obtain. It just depends upon the employer and the insurance company.
For example, lets say you could not obtain workers’ compensation, you have a family and they need to eat, you file for unemployment and start receiving benefits. If you are later able to obtain workers’ compensation benefits, workers’ compensation will receive credit for any unemployment benefits are paid each week.
Looking at it another way, lets say for example, you are receiving unemployment benefits of $250.00 per week, then obtain workers’ compensation weekly income benefits of $500.00. Workers’ compensation will get credit for the $250.00 and will only have issue you a check for the difference between the $500.00 and the $250.00 from unemployment.
If for any reason you stop receiving unemployment you want to immediately notify workers’ compensation if you are still receiving those benefits so that you are properly paid.
So, it does not seem to affect you, correct? Well not necessarily. If workers’ compensation is paying you less then they have to because of other earnings this could affect you if you attempt to settle your claim. The lower value would have a substantial impact.
Because you no longer work for the employer, there are less issues with attempting to settle this claim. However workers’ compensation will be evaluating the claim as at a 50% discount.
It is best to speak with a Georgia workers’ compensation lawyer and attempt to obtain your workers’ compensation benefits as quickly as possible.
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.