Can I Collect Unemployment After a Workers’ Comp Settlement in Georgia?

Whether you can collect unemployment benefits after settling a Georgia workers’ compensation claim depends on numerous factors, including your ability to work based on your injuries, the terms of your settlement, and whether you signed a resignation letter.

An Atlanta workers’ compensation lawyer can help you better understand your options after settling your claim. Many personal injury law firms in Georgia offer free initial consultations and can answer your questions.

How Georgia Workers’ Compensation Settlements Work

Georgia requires all employers with three or more employees to provide workers’ compensation insurance. If you are injured at work, workers’ compensation benefits include:

• All medical care necessary to treat the worker’s injuries
• Financial benefits, including two-thirds of the worker’s weekly wages, up to $800 per week

Sometimes, injured workers and the employer’s workers’ compensation insurance company reach an agreement to resolve the workers’ comp claim and pay any remaining compensation in a lump sum settlement. 

This settlement should cover all future medical care related to the on-the-job injury, as well as any remaining wage loss benefits. These settlements do not affect the worker’s ability to continue working their job or get another job if possible. However, they often require workers to sign a resignation form officially quitting their job if they cannot or do not wish to return. This resignation letter will likely prevent you from receiving unemployment.

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Workers’ Compensation FAQs

Key Considerations When Filing for Unemployment Benefits in Georgia

Unemployment benefits are available to workers who are unemployed due to no fault of their own. They must be able to work and actively look for work while receiving workers’ comp. The Georgia Department of Labor oversees these benefits, and O.C.G.A. §34-8-195 sets the eligibility rules. 

Georgia law does not automatically disqualify you from receiving unemployment benefits after a workers’ comp settlement, but the specifics of your case will determine your eligibility. Some things you must consider after a workers’ compensation settlement include: 

Ability to Work

To collect unemployment benefits in Georgia, you must be physically able to work. If you acknowledged in your workers’ comp settlement agreement that you are permanently disabled, this could prevent you from qualifying for unemployment benefits.

The Terms of Your Employment Termination

Unemployment benefits are usually only available to workers who lost their jobs because of layoffs, position eliminations, or other similar issues. If your employment ended due to your injury, you could qualify. But if you quit or were fired for behavior-related reasons, you likely do not meet the eligibility requirements.

The Terms of the Workers’ Compensation Settlement

Some workers’ compensation settlements include clauses that address your ability to seek other benefits, including unemployment. If your settlement explicitly states that you cannot apply for unemployment benefits or it required you to sign a resignation letter showing you voluntarily left your company, this could prevent you from qualifying for unemployment benefits.

When Might I Be Eligible for Unemployment After a Georgia Workers’ Compensation Settlement?

Some situations when a worker might qualify to receive unemployment after a workers’ compensation settlement include: 

• You recently became able to work: If your workplace injury healed and you are cleared to return to work, but your employer does not have a job available for you, you may qualify for unemployment benefits.
• You have a partial disability: If you have a partial disability but are still capable of working, you may be eligible for unemployment benefits while searching for a job that fits your needs.
• Your employer terminated your job: If your company terminated your job while you were recovering from your injury and you are now able to work, you could qualify to collect unemployment benefits until you find a new job.

Your Atlanta personal injury lawyer can help you determine whether you qualify for unemployment benefits after your workers’ comp settlement.

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What Should I Do If I Am Unsure If I Am Eligible for Unemployment After a Workers’ Comp Settlement?

If you are considering applying for unemployment benefits after a workers’ comp settlement in Georgia, taking these steps can help you better understand your options:

Review Your Settlement Agreement

Some settlement agreements have clauses that address unemployment benefits or your ability to work. Others have language that discusses your separation from the company and whether you willingly resigned, which would prevent you from receiving unemployment benefits. Talk to a workers’ comp attorney if the settlement terms are unclear.

Ensure You Obtain Medical Clearance

If you believe you can return to work, your first step should be to obtain a written statement from your physician. They will clear you to work when you have healed, and working no longer poses a risk of additional injury. They may also clarify the type of work you are cleared to do.

Consult a Workplace Injury Attorney

A workers’ compensation, workplace injury, or employment law attorney can help you determine whether you are eligible for unemployment benefits based on your settlement agreement and other case facts.

If you have not yet settled your case, your workers’ comp lawyer can guide this process and protect your rights. They may be able to negotiate a deal that recovers the compensation you need but still leaves you eligible for unemployment if this is important to you.  

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Talk to Our Legal Team Today About Your Atlanta Workers’ Comp Settlement

In Georgia, it is possible to collect unemployment benefits after a workers’ compensation settlement. However, your eligibility will depend on factors such as your ability to work, the terms of your settlement, and your separation from your previous employer. If you are unsure whether you meet the eligibility criteria or have questions about your settlement agreement, contact our workers’ compensation team today. 

Our Atlanta workers’ compensation attorneys can help you understand your rights and next steps. Call Bader Scott Injury Lawyers today. Our personal injury law firm provides free consultations, and we are here to help you.

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