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  • Writer's pictureJohn Larrimer

Can I Get Unemployment If I Got Hurt at Work?

Understanding their options when collecting unemployment benefits for at-will employment employees who switch to part-time work is essential. When staff becomes injured off the clock, they may not be able to work as much as they are used to, reducing income and hours.

Injured workers may want to apply for unemployment benefits to support themselves while recovering. Still, it is always best to have the correct information before proceeding with the case, as it can provide the best outcome possible for all parties involved.

How Unemployment Benefits are Determined

How Unemployment Benefits are Determined

The initial thing to know is that if an injured worker collects unemployment benefits, they can start working part-time. That being said, the amount of workers comp they collect is determined by their wage earnings in three-month increments and the person's work history. Before someone can start receiving workers' compensation benefits, minimum wage requirements must be met.

What can help applicants to meet the requirements are the quarters where the injured parties earned the most.

A Reduction in Workers Compensation Benefits

While injured workers can collect workers' compensation if they move to part-time, their benefits will be changed to account for their current job status or practice areas. This is also known as partial benefits and is part of unemployment insurance.

Full workers' comp is reserved for full-time workers who filed for unemployment while still working for a company. Receiving partial unemployment benefits is somewhat balanced out because the individual is still making a wage and working with the employer.

If there is a chance someone injured can be told to leave a part-time job, they may still receive unemployment with wages earned and enough hours worked if that occurs.

Filing for Unemployment Benefits

Injured part-time workers who wish to collect unemployment benefits will have to submit information, including how much they earned as a full-time employee, the names of their former employees, and how much they make as part-time employees. The injured staff is responsible for accurately tracking the amount they earned before filing unemployment claims and keeping up with the number of hours they clocked in. While collecting benefits, there is a chance the employee will have to look for full-time work.

Wounded workers should always keep accurate records and be fully honest to receive the benefits they are owed while filing unemployment claims. If claims are filed improperly, it could result in the person paying the money back to the state.

Working with an attorney is a solid option with injuries sustained out of work in the state of Ohio. Doing so can be monumental in the form of assistance in maintaining and obtaining peace of mind and financial security.

Alternative and Exceptions - Unemployment Insurance

When someone searches for work or looks for a more suitable position with an employer after an injury at a preceding job, they should be scrupulous about selecting benefits for a new position or career. If they think of getting a second job or their doctor has said they can do light-duty work, and their boss is unwilling to accommodate restrictions, they may be compelled to hunt for a new position.

Injured staff often require counsel for their families and themselves to help them make the best decision. It is important to note that there are multiple alternatives and factors to consider. An injured person needs to seek legal advice before deciding on the benefits from unemployment insurance or workers' compensation.

With advice from an attorney in a free initial consultation, an individual can understand what actions to avoid that may negatively affect both types of benefits.

Is the person attempting to transition to a line of work that will not be hampered by injuries for which they are trying to claim workers' compensation? Suppose they have completed medical care but now have permanent restrictions preventing them from returning to their previous position at work. In that case, they may be entitled to Vocational Rehabilitation benefits through workers' compensation.

Unlike unemployment insurance, there is no specific end date for the above benefits.

Unemployment Criteria

In order to be eligible for unemployment benefits and workers comp, a person must be healthy enough to work. Suppose their job injury is so severe that they can't work at any job, even with reasonable accommodations made for their disabilities; it is unlikely that their state's government will allow them to collect unemployment.

On the other hand, a person's state's Unemployment Agency may approve their claim if their injury is such that they can't perform their previous job. It would be best to contact the unemployment office to find out if someone can look for work if they are injured while on unemployment.

Injured workers should call a lawyer for a free consultation, so they can work together to receive workers' compensation benefits for the on-the-job injury.

Unemployment Based Period

Unemployment Based Period

If someone is injured while on the job and unable to work for an extended period but then recovers so they can hold employment, they may qualify for the unemployment benefits after their recovery. Typically, state unemployment agencies determine if people are eligible for help and decide the amount they should receive through their employment history.

This is the "base period" and generally covers the first four of the past five calendar quarters.

If a person's recovery took a long time, they might have challenges qualifying for benefits, as their base period includes their time away from work. However, the state's unemployment law may grant those who suffer injury or illness a recovery time that doesn't work against them.

It's Time to Collect Unemployment Benefits

A workers comp claim can be challenging to navigate, and someone could be denied unemployment benefits if they don't use the correct Columbus work injury lawyer with a great attorney-client relationship.

People who experience a work-related injury can open a worker's compensation claim and get a settlement for their medical expenses. This includes an employee receiving medical treatment after getting into an accident while driving a personal vehicle for work. It's best to check with the state's Unemployment Agency to find out the statute regarding workplace injury. Individuals must not let certain circumstances of a full-time job or a new job offer affect their eligibility to receive benefits.

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