Unemployment Insurance and Workers’ Compensation

Answer:

One issue that comes up for individuals that file a Workers’ Compensation claim is whether or not they are also entitled to apply for other benefits, including State Disability and Unemployment claims. Under California law, it’s clear that you can’t double-dip. You can’t receive disability payment for Worker’s Comp while at the same time receiving benefits for State Disability or Unemployment. You’re really only entitled to one benefit at a time. Other issues that will come up revolve around claims that are initially denied and then later accepted. While it was denied you were receiving State Disability, but now that the claim is accepted, they want to go back and pay you for disability under Worker’s Compensation. If you’ve been injured at work and there’s an issue as to who should be paying and/or what benefits you’re entitled to, it’s important for you to understand what your rights are as to whether or not you should file a claim under Workers’ Compensation, whether or not you’re entitled to also file a claim for State Disability, or whether or not you’re entitled to Unemployment. I’m not saying that you’re not entitled to all of those types of benefits at different aspects or different times of your claim, but it’s important that you know when you’re entitled to those three different types of benefits. If you have questions as to what benefits you’re entitled to or any questions regarding your claim that you filed under California Workers’ Compensation, feel free to give me a call. I’m happy to answer any questions that you may have.