MAY A WORKER DRAW BOTH UNEMPLOYMENT AND WORKERS’ COMPENSATION BENEFITS?
When a worker is not being paid workers’ compensation benefits, either because the claim is disputed or workers’ compensation benefits have been terminated, a worker may be eligible for unemployment benefits. If the employee has a return to work slip permitting restricted or light duties and the employer cannot accommodate these or has terminated the worker’s employment, then unemployment benefits may be payable as long as the worker is seeking work within his restrictions. In that case, should you be asked on an unemployment form whether you are ready, willing and able to resume work, the answer should be: “Yes, within my restrictions.” Should the worker later recover workers’ compensation benefits, the law requires that, to the extent workers’ compensation is paid for the same weeks, that unemployment benefits be repaid.
