No, you are not considered unemployed if you receive workers’ compensation benefits. You cannot collect both unemployment benefits and workers’ compensation benefits at the same time.
We understand that being on workers’ compensation can create a financial hardship because the income benefits are only two-thirds of a person’s average wage at the time of the injury. However, collecting both types of benefits is not allowed. Also, if you take on a part-time job to make up the one-third shortfall, you can lose your workers’ compensation benefits.
Could You Sometimes be Considered Unemployed While Collecting Benefits?
Yes, in some situations, you might become unemployed while receiving workers’ compensation benefits. For example, your boss might include you in layoffs after you sustained a work-related injury. You would, therefore, be unemployed.
Still, you cannot collect both workers’ compensation and unemployment benefits at the same time. Also, collecting workers’ compensation benefits does not, by itself, render a person unemployed.
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Who Is Eligible for Workers’ Compensation Benefits in Georgia?
According to the Georgia State Board of Workers’ Compensation Employee Handbook, you can receive medical, rehabilitation, and income benefits if you get hurt on the job. The goals of our states’ workers’ compensation program are to:
- Provide medical treatment for work-related injuries at no cost to the injured employee.
- Pay cash benefits to injured workers to replace some of their regular wages when they cannot work or make as much money as before because of a work-related injury.
- Offer free rehabilitation services to help injured workers recover and get back to work.
- Assist workers who sustain catastrophic work-related injuries with care management and any other assistance they need while recuperating.
Also, when an employee dies from a job-related accident, the workers’ compensation program can pay death benefits. This could include funeral expenses and ongoing cash benefits to replace some of the deceased worker’s income to eligible dependents.
Who Can Collect Unemployment Benefits in Georgia?
The Georgia Department of Labor says that people can apply for temporary income benefits if they are unemployed for some reason that is not the worker’s fault, and they are:
- In approved training
- Actively trying to find another job
- Have a definite recall to their job within six weeks of when they stopped working there
Unemployment benefits do not include medical expenses, unlike workers’ compensation. If the Department of Labor determines that you collected unemployment benefits when you were not eligible, you will have to repay the overpayment to avoid collection efforts. This can involve legal action.
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How Long Do Georgia Workers’ Compensation Benefits Last?
Our state workers’ compensation program offers different kinds of basic income benefits, each with different rules about duration.
- Temporary Total Disability Benefits are payable for up to 400 weeks for non-catastrophic injuries when the authorized treating physician says the worker cannot work at all because of job-related injuries. There is no limit on how long a person with catastrophic work-related injuries can receive temporary total disability benefits. The impairment must leave the worker entirely unable to work, though.
- Temporary Partial Disability Benefits provide some income to people who return to work after a qualifying work-related accident and cannot make as much money as before because of impairment from the injuries. These benefits can continue for up to 350 weeks from the date of injury.
- Permanent Partial Disability Benefits include a one-time lump-sum payment to a worker that sustains permanent partial impairment from a qualifying job-related accident.
- Death benefits go to the qualifying dependent’s surviving spouse of a worker that dies from job-related injuries. The surviving spouse can collect income benefits for up to 400 weeks or until age 65, depending on the circumstances. The benefits stop when the surviving spouse dies, remarries, or lives with someone of the opposite sex.
Each of these types of income benefits come with limitations and restrictions. Your lawyer can use their knowledge of the workers’ compensation system to your benefit. Our aim is to secure the best workers’ compensation offer for your situation.
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Do Unemployment Benefits Last As Long As Workers’ Compensation Does?
No, unemployment benefits in Georgia typically last only for up to 14 or 20 weeks, depending on the circumstances. The maximum number of weeks of benefits changes every April and October.
I am Confused About My Eligibility for Benefits. What Should I Do?
A worker’s compensation benefits attorney can help with your claim and advocate for you. Georgia law does not force you to work with a workers’ compensation lawyer on your claim, but doing so can be a smart decision.
Many people are unaware of the many things that could take away their medical and income benefits eligibility. Missing a deadline or going to your regular doctor for treatment instead of one your boss authorized can cost you everything. We can help you avoid that undesired outcome. You can call Bader Scott Injury Lawyers today at (404) 888-8888 to find out how we can help you.
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