Entitled Benefits for Workers’ Compensation
When you are hurt at work, you may be feeling angry and wondering how you are going to manage your finances. These are the entitled benefits that you can get with worker’s compensation.
Entitled Benefits | Unemployment
In certain situations, a person could receive both workers’ comp and unemployment at the same time. For example, when a person is no longer totally disabled from work, is only partially disabled, but still cannot perform the duties of their job, and their employer refuses to take them back on light duty and with restrictions. In such cases, although the workers’ compensation benefits will be reduced to a partial rate, that worker can go ahead and apply for unemployment. If you have earned enough work credits within the appropriate time leading up to your application for unemployment, you can collect both unemployment and workers’ comp at a partial rate, which should help pay the bills.
Entitled Benefits | Social Security
People do receive both workers’ compensation benefits and Social Security concurrently; however, the two standards of disability are different. People who are receiving workers’ compensation benefits are often denied Social Security disability, although some people do receive both. In addition to the injury and disability caused by the work injury, the Social Security Administration considers any other type of condition you may have that causes you to be disabled from work. Many times, as people get older, other conditions limit their ability to perform their jobs. Another point to consider is that a formula based on what you were earning when you were working may reduce or offset your Social Security benefit because of the amount of workers’ compensation you’re receiving. Even so, there is a possibility you still could receive both.
Entitled Benefits | Wage Reimbursement
Workers’ compensation pays you a percentage of your wages. Some employers – often public employers – provide full wages to employees who are injured at work. If you’re not working for one of those employers when you get injured at work – and you’re considered totally and completely disabled from all work – you’re entitled to two-thirds of your average weekly wage.
When the time comes that you’re no longer totally disabled from work, but still cannot perform your regular duties, you’re considered partially disabled. The carrier can then reduce your benefits to a partial rate which is less than the total rate, creating a difficult situation for many injured employees. In cases when workers’ comp is reduced to a partial rate, I advise individuals to consider applying for unemployment. When you’re ready, willing, and able to work, but your employer cannot accommodate you with your current restrictions, you may collect workers’ comp at a partial rate along with unemployment. That’s the weekly benefit portion of your workers’ compensation case.
If you have any further questions about entitled benefits, please call our Buffalo personal injury lawyers today.