Q: I live in Southwest Florida, can you receive unemployment benefits at the same time as work comp check?
I live in Southwest Florida,can a person collect & receive Unemployment benefits at the same time as Workers Comp benefits?My husband injured doing construction. He started not too longer before he was hurt. In fact, When he was injured he was uo for his 90 day probabtion period with his company. Never heard anything from his job guessing they let him go. Anyways, while waiting for Workers Comp Checks to come in, my husband filled for Unemployment. He was approved for Unemployment and just start received his first check appoxa week & a half ago. Out of know where WorkComp Check came few days ago. A couple days after cashing the Unemployment Check.He cashed the Work Comp Check when that came in. We do not know Work Comp Che k will still being coming in or not. He has to get surgery on injury for a Hernia & soft tissue tare to his groin.We have 2 kids & close to losing our home,had state help w/eletric.Can you collect,receive,& file both Unemployment &WorkComp Benefits at the same time?
A:
Yes. If he was injured on the job he is entitled to workers compensation. If he is no longer employed at that job he is generally entitled to unemployment insurance benefits.
But you should be aware that an employer cannot discharge an employee because he has filed a workers compensation claim. So he should definitely find out if and why he was discharged from employment.
A: Generally, your husband cannot receive unemployment benefits and temporary total, or permanent total, disability benefits payable by the worker's compensation carrier. If your husband is receiving temporary partial disability benefits, the combined amount of unemployment benefits and temporary partial disability benefits cannot exceed the amount he would be eligible to receive in the form of temporary partial disability benefits. Under the circumstances described in your question, your husband would be wise to seek the advice of an attorney.
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