Being injured at work can be devastating. But what happens if you lose your job after you sustain a work injury? Can you get unemployment benefits and workers’ compensation simultaneously in Pennsylvania?
Our Harrisburg workers’ compensation lawyers at Marzzacco Niven & Associates handle questions like these each day. We have over 120 years of collective legal experience representing injured individuals. We work to get you the maximum benefit allowed by law for your work injury.
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Ways That Our Harrisburg Workers’ Compensation Lawyers Help You With a Claim
Filing workers’ compensation claims can be frustrating and confusing. What should be a straightforward process can turn into a nightmare. Our Harrisburg workers’ comp lawyers at Marzzacco Niven & Associates can help.
When you hire our award-winning legal team, you can expect us to:
- Explain your rights under the Pennsylvania Workers’ Compensation Act
- Discuss the benefits you could receive for a workers’ compensation claim
- Analyze the evidence in your case to determine the next steps to take
- Discuss the options for settling your workers’ comp claim and fighting the insurance company and your employer in court
- Verify insurance coverage and file workers’ comp claims
- Work with medical specialists and other expert witnesses to build your case
- Fight to get you the benefits and lump sum settlements you deserve
- File appeals and lawsuits, as necessary
Contact our Harrisburg workplace injury lawyer for a free consultation if you are fired during a workers’ compensation case. Let’s discuss how we can maximize your benefits until you return to work or are declared permanently and totally disabled.
What Is the Difference Between Unemployment and Workers’ Compensation?
Both forms of compensation pay an employee who is out of work. Unemployment compensation pays the employee a portion of lost wages when the employee is fired or laid off. The benefits are temporary and designed to assist the worker cover expenses while they look for a new job.
Conversely, workers’ compensation pays an employee who cannot work because of a workplace injury. The worker receives temporary disability benefits while they recover from their work injuries.
Both forms of workers’ benefits end when the employee returns to work. Typically, neither benefit compensates the employee for all lost wages.
Unlike unemployment compensation, workers’ comp benefits can continue if the worker is permanently disabled. Unemployment benefits are capped at a specific number of weeks.
Receiving Unemployment Benefits While Receiving Workers’ Compensation Benefits in Pennsylvania
If you are receiving workers’ comp benefits and are laid off or terminated, your workers’ compensation benefits continue. You continue to receive paid medical treatment. If you cannot work because of a work-related injury, you should receive income benefits until you return to work or reach maximum medical improvement.
You can file for unemployment benefits even though you are receiving workers’ comp. There are a few cases in which a worker could receive both types of income assistance.
However, you cannot receive double benefits. Therefore, the amounts would offset each other and be reduced so that you do not receive more than the maximum amount allowed by law.
Furthermore, you cannot receive unemployment benefits if you settle your workers’ comp case and sign a letter of resignation as part of the settlement. You effectively “quit your job” as part of the workers’ comp settlement, which disqualifies you from receiving unemployment benefits.
Being Fired for Filing a Workers’ Compensation Claim is Against the Law
Pennsylvania law protects workers from employer retaliation for filing a workers’ comp claim, including wrongful termination. Therefore, if your employer lays you off or fires you because you were injured on the job or exercised your protected right to file a workers’ compensation claim, you need to seek legal advice immediately.
While you fight to receive the workers’ comp benefits you deserve, you might be able to collect unemployment benefits. However, when your workers’ compensation benefits begin or when you receive a settlement for your claim, the compensation is adjusted based on the unemployment benefits you received.
Do I Need an Attorney To File a Workers’ Comp Claim AND an Unemployment Claim at the Same Time?
It is probably a good idea, as receiving both types of benefits can be complicated. A lawyer can analyze the facts of your case to determine what types of benefits you can receive. If you qualify for both benefits, a lawyer helps you file applications for benefits under both systems.
A lawyer also explains your options for compensation after a work-related injury. There could be cases where you would not want to apply for unemployment benefits if you were hurt at work. To ensure you do what is best for you and receive the maximum benefits allowed by law, talk to our Harrisburg workers’ comp lawyer as soon as possible.
Schedule a Free Consultation With Our Harrisburg Workers’ Compensation Lawyers
Being fired after a workplace injury might be a wrongful termination or retaliation for filing a workers’ comp claim. Contact our office for a free consultation with an experienced Harrisburg workers’ compensation lawyer.
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