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The Bench is a Boundary
At a recent Social Security Disability hearing, I was [...]
Insurance Companies Protecting Themselves: Florida’s Non-joinder Statute
During a recent case, I had to explain to a client why we [...]
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Recent Updates:
Unemployment & Workers' Compensation
A person can become unemployed for a wide variety of reasons. Many of us hear that the slowed economy is a reason for growing unemployment, but some people may not be able to work because of injuries or other limitations in the workplace. Workers compensation claims may involve areas of the law that deal with unemployment. If you have been injured at work and/or dealing with unemployment benefits, contact the Coye Law Firm with your questions or concerns. The information below is a general overview of unemployment benefits as they relate to a workers' compensation claim, but is not meant to take the place of meeting personally with an experienced attorney.Eligibility
- have lost your job through no fault of your own
- be actively seeking a new job
- be ready to accept a job offer
- meet wage requirements as determined by your previous job
Level of Disability
To receive both workers' compensation and unemployment benefits, you cannot have a "permanent total disability." This means that even sedentary employment is impossible because of a physical limitation. The benefits awarded to these individuals are often continual and greater than those in a settlement for a less severe workers' compensation claim. "Temporary total disability" also exempts someone from collecting unemployment benefits. The criteria above states that one must be able to accept a job offer, and an injured person that falls under either of these two categories can't work. Therefore, they are not eligible receive benefits. The definitions of both types of total disability are available here.
However, there are some circumstances where you may be able to collect both unemployment and workers' compensation benefits. For example let's suppose an employee is injured on the job and files a workers' compensation claim. He or she consults a doctor who certifies that they are able to complete light tasks, but not the strenuous demands of their original job. When the employee returns to work, their employer has no positions that fit their new requirements. The employee is able to work, but cannot continue at their old job or find a new one. This is just one situation in which an employee may be entitled to receive workers' compensation and unemployment benefits. It is important to know you workers' compensation rights when considering sources of benefits.
The confusing and overlapping natures of these claims and potential benefits from them are best sorted out by an experienced legal team. The paperwork and documentation of a claim can bolster or undermine a case, so consult a workers' compensation attorney at the Coye Law Firm when determining which benefits can best help your situation. Your case can be resolved more quickly if you keep track of all paperwork and communication relating to either claim.
Amount and Duration of Benefits
A former employee is eligible to collect 25% of the the wages they earned during the first four of the last five quarters worked. Essentially, this "base period" is the year before you begin to receive benefits. The benefits generally stop when this 25% mark is met, or $7,150. If you remain unemployed and rely on the benefits to support yourself, you can file emergency extensions with the Agency here.
Your benefits may be stopped if you don't follow the requirements. In Florida, this means certifying that you're looking for a job through an online or telephone system once every two weeks. It is important to know what is expected of you whether receiving workers' compensation or unemployment benefits.
Application
The online portal to filing an unemployment benefits claim is here. If your application for unemployment benefits is accepted, it will take between three and four weeks to receive your first check.
The Agency for Workforce Innovation has many resources available for those seeking unemployment benefits. Frequently asked questions, extension information, and the appeals process are all available at their website.
It can be difficult to keep or find a job after filing a workers' compensation claim. Contact the Coye Law Firm to see if you may be eligible to receive multiple benefits or to sort out the nature of your claim. Meeting with one of our attorneys today can help you in your physical and financial recovery.
