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What Do I Do Now?! - Workers' Comp and Other Mysteries PDF Print E-mail

QUESTION: I AM OUT OF WORK ON A WORKERS' COMPENSATION INJURY. AM I ALLOWED TO FILE FOR UNEMPLOYMENT BENEFITS?
 
ANSWER: YOU MAY FILE FOR UNEMPLOYMENT BENEFITS, AS YOU ARE ELIGIBLE FOR BOTH BENEFITS.

Joe was recovering from that bad fall off the scaffolding.  He was receiving Workers’ Compensation Benefits. But facing months ahead out of work and on his back he didn’t know if he could survive on workers’ compensation benefits alone. He was curious if he could also file for Unemployment Benefits.  He called Mike, his best friend on the job and asked what he should do.  What did his friend Mike say?
 
File, Joe!! File!!

Under the Workers’ Compensation Law, an injured worker is eligible to receive both Unemployment Benefits and Workers’ Compensation benefits so long as the amount of the two does not exceed his or hers average weekly wage and the injured worker’s doctor concludes that the disability is PARTIAL. A partial disability shows that Joe is ready and willing to work.  If Joe’s weekly’s wage is $850, then his weekly Workers’ Comp and his Unemployment combined has to be $850 or less.
 
In Joe’s case, Joe’s doctor stated that Joe had a partial disability and would need three months to fully recuperate.   At that point Joe’s filed for Unemployment benefits.
 
Another thing Joe did after he filed for Unemployment Benefits and Workers Compensation was keep all of the pay stubs from his unemployment insurance.  These would be needed as evidence in his Workers Compensation claim.  At a hearing Joe will need to verify that he was not receiving more then his average weekly wage from the two forms of benefits.

Remember to always inquire about what benefits are out there when injured.
 
DISCLAIMER: This article is designed to provide general information.  Although this article has been prepared by professionals, it should not be used as a substitute for professional services.  If legal or other professional advice is required, the servMatthew Funk, Esq.ices of a professional should be sought.

Matthew Funk, a partner at Brecher Fishman Pasternack Walsh Tilker & Ziegler, has been practicing Workers' Compensation Law for over a decade.  He is a member of the Workers' Compensation Bar Association, Injured Workers’ Bar Association and the New York Coalition for Occupational Safety and Health (NYCOSH).  He has written for the New York State Trial Lawyers’ Workers' Compensation Decisions program and has lectured on numerous occasions focusing on Workers’ Compensation Law.  Send your Workers' Compensation questions to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call at (347) 952-4228.

John Merlino, a partner with Brecher Fishman Pasternack Walsh Tilker & Ziegler, has extensive experience in Surrogate's Court handling Wills, Trusts, and Estates.  His current area of practice is in Commercial and Workers' Compensation.  He is politically active assisting politicians in both City and Statewide Community affairs and has participated and assisted in organizing numerous Union Rallys against NON-UNION Contractors and Builders.  He also teaches various unions' Shopstewards and Apprentices on work safety, workers' compensation and current events. For Workers' Compensation questions, call (212) 341-7984.


 
 
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