Q: If your employer didn't have workers comp coverage and you are injured on the job can you apply for PA unemployment ?
while working on a commercial construction job I was injured where the subcontractor didn't have workers comp insurance covering me,so I applied for PA unemployment compensation once I found this out while seeking legal representation and have been receiving the unemployment,I missed out on the first 4 weeks due to the contractor saying I had coverage which was untrue, I then put in a appeal for the first 4 weeks I missed of unemployment and just got back my denial letter,but now they have put a hold on my PA unemployment altogether while investigating my whole claim,right before the denial letter came out a week ago I had a woman from PA unemployment call me about this and why I applied for unemployment being injured but I stated I was available for work and in a way lower capacity but not the construction work I was doing right now due to a torn meniscus needing a procedure,my understanding is Comp would just deduct any awarded workers comp in the end back to unemployment paid out.
A: If you are otherwise eligible for unemployment, the work injury has no impact on that entitlement, so you can apply for and receive unemployment. This is true whether or not your employer has workers' compensation insurance. As you have correctly stated, if you receive unemployment, a credit would be taken by workers' compensation for any week that you receive both unemployment and workers' compensation reducing the workers' compensation payment.
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